The Law Offices of Brian E. Quinn

July 2015 Archives

Can a Psychiatrist be Held Negligent for Failing to Act When Advised of a Patient's Threats to His Family?

On March 24, 2015, the Court entered a Memorandum and Order In Rarrick v. Dr. Richard Silbert and Behavioral Healthcare Center, P.C., Court of Common Pleas, Lackawanna County, No. 2002-CV-4951, the Plaintiff alleged that the Defendant Silbert was negligent in that he knew or should have known of a clear and present danger his patient, Gerald Rarrick, Jr. presented to Plaintiffs and that Silbert failed to take any action to diffuse the situation.

Will one bad apple spoil the bunch of doctors who work with him?

Most professionals, medical personnel included, have a duty to report the misconduct of a colleague. That misconduct may involve alcohol or drug impairment, incompetence or a violation of a code of ethics. The report may go to the appropriate state licensing board or to the police, depending on the conduct, or it may go to a supervisor or someone with authority over the professional. Failing to report may or may not result in discipline.

If bill passes, who will oversee medical marijuana dispensers?

If Senate Bill 3 were to pass tomorrow, Pennsylvania would be the 24th state to legalize medical marijuana. Part of the debate over legalization, of course, has turned on the nature of the substance and the difference between it and recreational marijuana. In particular, advocates object to the Drug Enforcement Administration's classification of cannabis as a Schedule 1 drug -- a drug without a currently accepted medical use, lacking research to support medically supervised use and having a "high potential for abuse" -- right alongside heroin, LSD and Ecstasy.


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