Articles Posted in Health Law

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After Henry B. was admitted to Pen Bay Medical Center (PBMC), PBMC staff applied to involuntarily commit Henry pursuant to the “white paper” procedures of Me. Rev. Stat. 34-B, 3863(5-A). After a commitment hearing, the district court ordered that Henry be submit to involuntary hospitalization for up to 120 days. The superior court affirmed the district court’s judgment of involuntary commitment. Henry appealed, arguing that he was not provided with effective assistance of counsel. The Supreme Judicial Court affirmed, holding (1) individuals subject to involuntary commitment proceedings in Maine have the right to effective representation of counsel, and the Strickland standard applies for courts reviewing claims of ineffective assistance of counsel in involuntary commitment proceedings; and (2) Henry was not deprived of the effective assistance of counsel in this case. View "In re Henry B." on Justia Law

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After William Dean was involuntarily hospitalized, the Department of Health and Human Services was appointed as Dean’s temporary public conservator. Thereafter, the Department sold some of Dean’s property. Dean’s sister, Claire Perry, filed a complaint against the Department and certain state individuals, asserting claims arising out of the Department’s management of Dean’s property during the public conservatorship. Later, Pamela Vose was appointed as Dean’s conservator. Vose filed a cross-claim and then a separate action against the Department, alleging breach of fiduciary duty. The court consolidated the two cases. The Department and the individual state defendants moved for summary judgment, asserting sovereign immunity. The court entered a summary judgment in favor of the defendants on most claims but denied the Department’s motions for summary judgment on Vose’s claim for breach of fiduciary duty in both cases, concluding that the Maine Probate Court waived sovereign immunity and that the Department was subject to suit in tort when acting as a public conservator. The Supreme Judicial Court vacated the order denying the Department’s motions for summary judgment, holding that the Department is immune from the breach of fiduciary duty claims asserted in these cases because the Probate Code does not expressly waive sovereign immunity and the Department did not waive immunity. View "Perry v. Dean" on Justia Law

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After Plaintiff gave birth to a son, she filed a complaint against Merck & Co., Inc. and the United States, alleging that a community health center physician negligently failed to insert into her arm an implant manufactured by Merck that was designed to prevent pregnancy as a result of Merck’s defective applicator. The federal court certified questions of state law to the Maine Supreme Judicial Court. The Court answered (1) the protection of Maine’s Wrongful Birth statute extends to Merck as a drug manufacturer and distributor; and (2) pursuant to the Wrongful Birth statute, Plaintiff may not recover any damages on her claims against either defendant because of the nature of the procedure she underwent. View "Doherty v. Merck & Co., Inc." on Justia Law

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Steven L., who suffered from a severe and persistent mental illness, was twice involuntarily admitted to a progressive treatment program for a period of one year. In 2015, a psychiatric hospital operated by the Department of Health and Human Services applied to the district court for a twelve-month extension of the progressive treatment program order. The district court granted the motion and ordered the extension. The superior court affirmed. Steven then appealed to the Supreme Judicial Court. The Court affirmed, holding that the trial record supported the court’s findings by clear and convincing evidence. View "In re Steven L." on Justia Law

Posted in: Health Law

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In 2004, Jason Begin was committed to the custody of the Commissioner of the Department of Health and Human Services based upon a finding that he was not criminally responsible for certain crimes by reason of insanity. In 2015, Begin filed a petition requesting a hearing on his fitness for release and return to permanent residency in the community. The superior court denied Begin’s request for release. The Supreme Judicial Court affirmed, holding that the trial court was not compelled to find in Begin’s favor on his petition for release. View "State v. Begin" on Justia Law

Posted in: Health Law

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Petitioner was charged with terrorizing and criminal restraint with a dangerous weapon. Petitioner was found not criminally responsible by reason of mental disease or defect and committed to the custody of the Commissioner of the Department of Health and Human Services. A decade later, Petitioner filed a petition for discharge from custody. The superior court denied the petition for discharge after a hearing, finding that Petitioner remained afflicted with a mental disease or defect that rendered her dangerous to herself, to others, and to property. The Supreme Judicial Court affirmed, holding that the superior court did not err by denying Petitioner’s petition for discharge because the evidence did not compel a finding that Petitioner may be discharged without likelihood that she will cause injury to herself or others due to a mental disease or defect. View "Beal v. State" on Justia Law

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The probate court issued an adjudication of incapacity and appointed the Department of Health and Human Services as the public guardian of Harold Sanders, finding that Sanders was incapacitated, that no suitable private guardian was available, and that the appointment of a public guardian was necessary or desirable. Sanders appealed, arguing that the probate court did not have jurisdiction to appoint a guardian for him because his situation did not comport with any basis for jurisdiction in the adult guardianship statute. The Supreme Judicial Court agreed and vacated the judgment of the probate court, holding that Me. Rev. Stat. tit. 18-A, 5-523(b)(3) did not vest the court with jurisdiction to appoint a nontemporary guardian for Sanders. View "In re Guardianship of Harold Sanders" on Justia Law

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While he was an inmate, Defendant was charged with ten counts of assaulting an officer. Defendant was found not criminally responsible by reason by mental disease or defect and was ordered committed to the custody of the Commissioner of the Department of Health and Human Services (DHHS). Defendant’s prison sentence was tolled while he remained committed. Approximately five years later, the superior court ordered Defendant to be discharged from DHHS custody, finding by clear and convincing evidence that he no longer suffered from a mental disease or defect. Defendant was subsequently remanded to the custody of the Department of Corrections to serve the remainder of his prison sentence. The Supreme Court affirmed, holding that the evidence supported the trial court’s finding, by clear and convincing evidence, that Defendant’s dangerousness was not the result of a mental disease or defect and that, therefore, DHHS could no longer maintain Defendant in its custody. View "James v. State" on Justia Law

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The Department of Health and Human Services filed a petition seeking a general public guardianship over Colleen McIntosh, alleging that McIntosh’s diagnosis of chronic paranoid schizophrenia rendered her incapacitated. After a hearing, the county probate court appointed the Department as general public guardian for McIntosh based on its findings that McIntosh was incapacitated and in need of a full guardianship until her condition became adequately controlled and that there was no suitable private person available to fulfill that need. The Supreme Judicial Court affirmed, holding that there was ample evidence supporting a finding, under the clear and convincing evidence standard, of each of the elements necessary for issuance of an order appointing the Department as McIntosh’s public guardian. View "In re Guardianship of McIntosh" on Justia Law

Posted in: Health Law

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Steven L. was ordered involuntarily committed to a hospital for up to ninety days. During the term of commitment, the hospital applied for an order directing Steven’s involuntary admission to a progressive treatment program. After an evidentiary hearing, the district court ordered Steven admitted to the progressive treatment program for twelve months. The superior court affirmed the judgment. Steven appealed to the Supreme Court. Before the appendix, appellee’s brief, and reply brief were due in the appeal, Steven was discharged when the progressive treatment program’s term expired. The Supreme Court dismissed the appeal as moot because Steven had been discharged and the progressive treatment program had expired and because none of the exceptions to the mootness doctrine applied. View "In re Steven L." on Justia Law