Dean v. Bowling Green-Brandywine, 203 A.3d 973 (2019)

March 4, 2019 · Supreme Court of Pennsylvania · No. 657 MAL 2018
203 A.3d 973
Melissa DEAN, Individually and as Co-Administrator of the Estate of Andrew E. Johnson and Clifton Edward Johnson, Individually and as Co-Administrator of the Estate of Andrew E. Johnson, Petitioners v. BOWLING GREEN-BRANDYWINE, CRC Health Group, Inc. (and/or) d/b/a CRC Health Group, Mohammad Ali Khan, M.D., Asim Khurshid Rana, M.D., Jennersville Regional Hospital, James Duncklee, M.D., Jennifer M. Plumb M.D., Southern Chester County Emergency Room Associates, P.C., Respondents

Melissa DEAN, Individually and as Co-Administrator of the Estate of Andrew E. Johnson and Clifton Edward Johnson, Individually and as Co-Administrator of the Estate of Andrew E. Johnson, Petitioners
v.
BOWLING GREEN-BRANDYWINE, CRC Health Group, Inc. (and/or) d/b/a CRC Health Group, Mohammad Ali Khan, M.D., Asim Khurshid Rana, M.D., Jennersville Regional Hospital, James Duncklee, M.D., Jennifer M. Plumb M.D., Southern Chester County Emergency Room Associates, P.C., Respondents

No. 657 MAL 2018

Supreme Court of Pennsylvania.

March 4, 2019

ORDER

PER CURIAM.

AND NOW, this 4th day of March, 2019, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

a. Whether the Superior Court, in reviewing a nonsuit, properly applied the provisions of the Mental Health Procedures Act ("MHPA") and the evidence in the light most favorable to the plaintiffs in granting limited immunity to a drug addiction treatment facility and its physicians where the individual who died while under the care of the facility was not mentally ill and did not seek voluntary inpatient treatment for a mental illness.
b. Whether the Superior Court properly applied fundamental notions of due process and the provisions of the Mental Health Procedures Act ("MHPA") to an individual who did not give consent to voluntary treatment under the MHPA.