Walsh v. Borczon

OPINION BY

FORD ELLIOTT, J.:

¶ 1 This appeal asks us to determine the scope of the Mental Health Procedures Act (“MHPA” or “the Act”), 50 P.S. §§ 7101-7503, as applied to the facts of this case; whether Catherine Elizabeth Walsh (“patient”) has pled facts sufficient to withstand Dennis Borczon, M.D.’s (“physician’s”), and St. Vincent Hospital’s (“hospital’s”) motions for summary judgment based upon the qualified immunity the Act affords mental health care providers unless they have committed gross negligence; and whether patient has waived her challenge to physician’s claim to a qualified…