Wunderly v. St. Luke’s Hospital et al., 2023 WL 3993737 (Pa. Super. Jun. 14, 2023)

The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence. The plaintiff alleged that the hospital did not adopt proper protocols and implement appropriate interventions relating to wound care and prevention, which led to the decedent acquiring pressure ulcers that caused his decline and death.

The defendants moved for judgment on the pleadings, arguing they were immune from legal action pursuant to the Mental Health Procedures Act (MHPA) because the decedent was involuntarily admitted to the hospital for mental health treatment. The trial court granted the motion for judgment on the pleadings, concluding that the defendants were immune under the MHPA, unless the conduct was willful or grossly negligent, and the plaintiff’s complaint did not set forth the requisite facts. The plaintiff appealed, and the Superior Court affirmed the trial court.

In the appeal, the plaintiff argued that the MHPA immunity provisions did not apply to the claims. The plaintiff argued that the wound care could not be considered medical care as contemplated by the MHPA because it has nothing to do with facilitating recovery from mental illness. However, the Superior Court disagreed with this argument, holding that immunity under the MHPA includes medical care that prevents or alleviates both physical and mental illness. The Superior Court held that the treatment of the decedent’s pressure ulcers was incidental to the treatment of his dementia and mental health, and the treatment aided and promoted recovery from a mental illness. The court further reasoned that the allegations in the complaint sounded in ordinary negligence and did not rise to the level of gross negligence, specifically noting there were no allegations relating to the cause of the wound deterioration and no allegations that the nursing staff left the decedent unattended for days or weeks, that he received no care or was ignored, or that any one inflicted harm on him.

The Mental Health Procedures Act (MHPA) provides that, in the absence of willful misconduct or gross negligence, facilities, physicians, and other authorized people are immune from civil liability for decisions related to treatment under the MHPA, which includes medical care coincident to mental health care.