Skip to main content
A Better Partnership
August 27, 2010

COA Opinion: "Medical care or treatment" exception to governmental immunity applies to treatment of mental illnesses

On August 26, 2010, the Court of Appeals published its decision in McLean v. Phenix, affirming the trial court's holding that Michigan's "medical care or treatment" exception to governmental immunity, found in MCL 691.1407(4), extends to treatment for mental, as well as physical, diseases and illnesses. The Court found MCL 691.1407(4) clear and unambiguous; accordingly, the Court confined its analysis to the statutory language. The statute provides immunity does not extend "to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient..." The section includes no qualifier or other language limiting the exception to care directed at physical maladies. Therefore, the Court affirmed the trial court's holding that the "medical care or treatment" exception did not apply in a suit arising out of a community mental health service agency's care for the plaintiff's decedent. However, because the plaintiffs did not allege the CEO of the defendant had provided care to the decedent, the Court reversed the holding of the trial court with respect to him.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset