|Naomi Plakins & Sarah Baker Achieve Non-suit After Six Day Jury Trial|
BKTC attorneys Naomi Plakins and Sarah Baker achieved a non-suit after six days of jury trial in Chester County, Pennsylvania, fully dismissing the malpractice claims against their client, the medical director of a residential drug and alcohol treatment and rehabilitation center. The Plaintiffs, parents of a twenty-three year old man, claimed that their son was negligently treated and died while undergoing treatment for his extensive addictions to both Xanax and Oxycodone. The patient, who reported a history of bipolar disorder and ADHD upon admission to the center, was found unresponsive on the floor of his room on the 9th day of his detoxification treatment, and could not be resuscitated. Anticipating that the patient’s history of mental health problems could be an important issue at trial, the Mental Health Procedures Act was asserted by attorneys Plakins and Baker as an affirmative defense, at the outset of the case. Other parties followed suit. At trial, upon the conclusion of Plaintiffs’ case, BKTC’s attorneys requested a non-suit pursuant to the Act, which requires a showing of gross negligence or reckless conduct against a medical doctor. The Court agreed the Mental Health Procedures Act applied, and granted a non-suit, dismissing all claims.