ALLEN v. MONTGOMERY HOSP.


447 Pa.Super. 158 (1995)

668 A.2d 565

Anne L. ALLEN, a/k/a Nancy Allen, an incompetent, by Walter E. Allen and Anne M. Allen, her guardians and Walter E. Allen and Anne M. Allen, in their own right, Appellants, v. MONTGOMERY HOSPITAL and Paul R. Casey, Jr., M.D.

Superior Court of Pennsylvania.

Filed December 19, 1995.


Attorney(s) appearing for the Case

John V. Hasson, Fort Washington, for appellants.

Rostaine Tharaud, Norristown, for Montgomery Hospital, appellee.

William H. Pugh, IV, Norristown, for Paul R. Casey, Jr., M.D., appellee.

Before McEWEN, JOHNSON and BROSKY, JJ.


JOHNSON, Judge.

In this appeal, we are asked to determine whether the immunity provision of the Mental Health Procedures Act applies to a health care provider who is not trained in the field of mental health, and who treats a patient's physical ailments, not a mental illness. Because we find that the immunity provision does not apply to such a situation, we reverse and remand this matter for a new trial.

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