Fewell v. Besner

POPOVICH, Judge:

Vicki Fewell appeals from an order entered in the Court of Common Pleas of Erie County granting appellees’ (Lance Besner, M.D. and St. Vincent Health Center) preliminary objections in the nature of a demurrer. Appellant now claims that the lower court erred in dismissing her complaint because: (1) appellees are not entitled to immunity pursuant to the Child Protective Services Law (“CPSL”) 1 as the immunity provision conflicts with the confidentiality provisions of the Mental Health Procedures Act (“MHPA”) 2 and with the psychotherapist-patient privilege; 3 (2) immunity from…