A mentally ill patient escapes from a hospital and attacks someone. The injured victim institutes a lawsuit against the hospital, alleging that the hospital failed to properly supervise and secure its mental health patient. The injured person needs the mental health patient’s medical records in order to prove that the hospital knew or should have known of the mental health patient’s propensity for violence and, thus, establish a prima facie case against the hospital. The injured victim might be out of luck.
The Mental Health Procedures Act, 50 P.S. § 7101 et seq. (MHPA), which applies to treatment of mentally ill persons, whether voluntary or involuntarily, inpatient or outpatient, provides immunity to facilities and persons rendering such treatment in the absence of gross negligence or willful misconduct. Further, and among other things, the MHPA provides that the records of mental health patients must be kept strictly confidential. The purpose of the MHPA is to assure the availability of adequate treatment to persons who are mentally ill.
