Connecticut Physicians Who Submitted Reports About the Competence of a Psychiatrist to Practice Safely Were Not Entitled to Absolute Immunity

Chadha v. Charlotte Hungerford Hosp., 865 A.2d 1163 (Conn. 2005)

State licensing boards or a corresponding legislatively designated agency typically have the authority to investigate licensed practitioners and to discipline them for unprofessional conduct.  However, these boards and agencies generally have limited resources to engage in routine surveillance of the activities of licensed practitioners and generally do not undertake an investigation unless a report of unprofessional conduct has been filed with them...

Found in DMHL Volume 24 Issue 2

Army Veteran Can Pursue a Claim for Alleged Failure to Tell Him He Had Been Diagnosed as Having Schizophrenia

Thomas v. Principi, 394 F.3d 970 (D.C. Cir. 2005)

A U.S. Army veteran claimed the Department of Veterans Affairs (VA) was aware that a physician had diagnosed him as having schizophrenia during an examination, but that the VA failed to inform him of this diagnosis for eight years and thus should be held liable for the damages he incurred as a result. A trial court dismissed the lawsuit after concluding that federal law dictates that all questions regarding the awarding of veterans' benefits are to be decided by the Secretary for Veterans Affairs...

Found in DMHL Volume 24 Issue 2

Mandatory Child Abuse Reporting Requirements in Kansas Do Not Apply to Sex Between Age-Mates When Injury Is Not Suspected

Aid for Women v. Foulston, 327 F. Supp. 2d 1273 (D. Kan. 2004)

Kansas, like all states, mandates that suspected child abuse or neglect, including sexual abuse, be reported to a designated state agency.  Under the relevant Kansas statute, a wide range of professional groups, including mental health professionals, must file a report if there is reason to suspect that a child has been injured as the result of sexual abuse, as well as physical, mental, or emotional abuse or neglect.  A failure to submit a required report is punishable as a misdemeanor...

Found in DMHL Volume 24 Issue 2

Conviction of Legal Guardian for Felonious Neglect of the Medical Treatment of an Incapacitated Person Upheld

Correll v. Commonwealth, 607 S.E.2d 119 (Va. 2005)

The Virginia Supreme Court upheld the conviction of a woman for violating a statutory provision that makes it a felony for any "responsible person" to abuse or neglect an incapacitated person when that abuse or neglect results in serious bodily injury or disease to the incapacitated adult. VA. CODE § 18.2-369.  This provision defines "neglect" as the "knowing and willful failure" to provide treatment, care, goods, or services that results in injury to the health or endangers the safety of the incapacitated adult.  The court relied on the definition of "willful" as applied to a parallel criminal statute governing child abuse and neglect and determined that it "contemplates an intentional, purposeful act or omission in the care of an incapacitated adult by one responsible for that adult's care."...

Found in DMHL Volume 24 Issue 2

Suit Dismissed Against Therapist for Alleged Role in Conspiracy to Deny Child Custody to Mother; Ruling Not Disturbed

Elwood v. Morin, 84 Fed. Appx. 964 (9th Cir. 2004), cert. denied 125 S. Ct. 271 (2004)

Child custody disputes are frequently bitterly contested.  Mental health professionals may be asked to play a pivotal role by formulating and submitting a report regarding who should be assigned custody. A disappointed party may subsequently file a lawsuit alleging improper behavior by the mental health professional in reaching his or her opinion...

Found in DMHL Volume 24 Issue 2

Ruling that Enhanced Sentence of Psychiatrist and Office Manager for Testifying Falsely at Fraud Trial, Without Jury Having Made This Factual Finding, Reversed, Remanded for Further Consideration

United States v. Mitrione, 357 F.3d 712 (7th Cir. 2004), vacated & remanded for further consideration in light of United States v. Booker (2005).  United States v. Booker, 125 S. Ct. 738 (2005)

Under the Federal Sentencing Guidelines, the sentence authorized by a jury verdict could be enhanced by.the presiding judge at the sentencing hearing if the judge found that additional facts delineated by the guidelines existed. In United States v. Booker (2005), the Supreme Court struck down these guidelines to the extent that they imposed binding requirements on sentencing judges but were based on facts that had not been determined by a jury...

Found in DMHL Volume 24 Issue 2

State Board Can Insist as Condition for Reinstating a License to Practice Medicine That a Physician Submit to a Psychiatric Exam by Medical Professional Pre-Approved by the Board; Ruling Not Disturbed

Mills v. Nolan, No. PC 01-4153 (RI. Super. Ct. Nov. 13, 2003), cert. denied, 125 S. Ct. 1304 (U.S. 2005)

A Rhode Island court upheld a decision by that state's Board of Medical Licensure and Discipline (Board) that a physician was not fit for practice and could only apply for reinstatement after she had undergone a psychiatric examination by a medical professional pre-approved by the Board.  The physician had argued that she was willing to be examined by a psychiatrist, but not one who was subject to the Board's control.  The court rejected this argument and concluded that she was required to comply with the Board's order and that her license could be suspended until she satisfied the Board's requirement...

Found in DMHL Volume 24 Issue 2

Mental Health Care Provider Not Liable for Negligent Hiring of Employee Who Later Raped Patient at Residential Treatment Facility

Munroe v. Universal Health Servs., Inc., 596 S.E.2d 604 (Ga. 2004)

In part because relatively low wages are typically offered, it can be a challenge to find qualified staff to provide care to individuals with a mental disorder. When a staff member abuses these individuals, the question may arise whether the employer can be liable for having hired the person in the first place....

Found in DMHL Volume 24 Issue 1

Patient Confidentiality Not Violated When Physicians in Same Medical Office Communicated About Patient's HIV Status

Suesbury v. Caceres, 840 A.2d 1285 (D.C. 2004)

The District of Columbia, where this case arose, has recognized the tort of breach of the confidential physician-patient relationship.  A patient, who was HIV positive, brought a lawsuit against a physician and his medical office, claiming such a breach.  The claim arose when one of the patient's doctors sent a memorandum to another doctor within the medical office regarding a claim by the patient that the second doctor had sexually molested him.  The memo disclosed that the patient's HIV status had recently deteriorated...

Found in DMHL Volume 24 Issue 1

Psychiatrist and Psychologist Not Liable for Traffic Accident That Occurred When Patient Fell Asleep While Driving After Taking Prescription Medication

Weigold v. Patel, 840 A.2d 19 (Conn. App. Ct. 2004), cert den. 847 A.2d 314 (Conn. 2004)

In 1997, a registered nurse fell asleep at the wheel and struck another vehicle head on, killing the driver of that vehicle.  Initially, a wrongful death action was brought against the nurse...

Found in DMHL Volume 24 Issue 1

Psychotherapist Alerted by a Patient's Immediate Family of a Threat by the Patient Can Be Held Liable for Failing to Warn the Patient's Victim; Expert Testimony Not Required to Establish Liability

Ewing v. Northridge Hosp. Med. Ctr., 16 Cal. Rptr. 3d 591 (Cal. Ct. App. 2004)

Tarasoff v. Regents of Univ. of California, 551 P.2d 334 (1976), the first judicial opinion to rule that a psychotherapist may have a legal duty to take reasonable steps to protect a third party who has been threatened by the psychotherapist's  patient, reverberated across the country.  A number of states, including California and Virginia, enacted legislation to specify more clearly when this duty arises...

Found in DMHL Volume 24 Issue 1

Law enforcement and health care providers at hospital emergency rooms: questions on their abilities to treat individuals who do not desire their assistance

Tinius v. Carroll County Sheriff Dep't, 321 F. Supp. 2d 1064 (N.D. Iowa 2004)

Law enforcement officials are often the first to respond to emergent mental health crises and health care providers at hospital emergency rooms are often the first to treat an individual in the midst of a mental health crisis, frequently after a law enforcement official has brought the individual to the emergency room. Questions have arisen about their respective abilities to respond to and treat individuals who do not desire their assistance.  A federal court in Iowa afforded relatively wide latitude to the law enforcement officials, but less so to emergency room health care providers...

Found in DMHL Volume 24 Issue 1

A Court Can Not Impose Care and Discharge Obligations on a Hospital Beyond the Period of Time for Which the Individual Was Involuntarily Committed

Inova Health Sys. v. Grandis, 603 S.E.2d 876 (Va. 2004)

An individual was involuntarily committed to a Virginia hospital for a period of 180 days and discharged by the hospital about two-and-a­ half months later.  A circuit court judge that affirmed the individual's initial commitment subsequently held a number of hearings and entered various orders relating to the individual's involuntary commitment, including an order that the hospital had an obligation to care for the individual and to advise the local county department of human development if it chose to discharge the patient.  This order was entered over 10 months after the circuit court affirmed the commitment and over 11 months after the initial commitment order...

Found in DMHL Volume 24 Issue 1

Jury Verdicts Split on Medical Malpractice Claims of Negligent Administration of Pain­ Relief Medicine by Psychiatrists

Estate of Feury v. Member (Spotsylvania Co. Circ. Ct. 2004)

The family of a woman who died of an overdose of a strong pain-relief medicine given to her by a psychiatrist was awarded $1.4 million by a Virginia jury. The woman, who suffered from menstrual cramping and endometriosis, obtained four Fentanyl patches from the psychiatrist, allegedly without proper instructions, warning, medical exam, or a prescription. At the time she obtained the patches, the woman was an administrative clerk at the psychiatrist's clinic and in the process of obtaining a divorce from him. The woman was apparently unaware of the strength and potency of Fentanyl, a Schedule II drug, and applied all four patches simultaneously plus a heating pad, which increased the circulation of the medication. Criminal charges were subsequently brought against the psychiatrist and he was found guilty of prescribing a Schedule II narcotic without a written prescription...

Found in DMHL Volume 24 Issue 1

Physician Employed as a "Physician Extender" by a State Psychiatric Facility Is Not Protected by Sovereign Immunity and Thus May Be Sued for Malpractice

McCloskey v. Kane, 604 S.E.2d 59 (Va. 2004)

Unless waived, the state is protected by the doctrine of sovereign immunity from malpractice claims. Employees of the state may be similarly protected. In Virginia, the greater the control of an employee's actions by the Commonwealth, the greater the likelihood of immunity. However, state­ employed physicians may not be entitled to this immunity because they must exercise their professional skill and judgment when treating patients and thus tend not to be subject to the control and direction of others. James v. Jane, 282 S.E.2d 864 (Va. 1980)...

Found in DMHL Volume 24 Issue 1

Physician at Virginia Mental Health Facility Ordered Reinstated

Horner v. Dep't Mental Health, 597 S.E.2d 202 (Va. 2004)

Ending a long-standing employment dispute at Western State Hospital, the Virginia Supreme Court ordered the reinstatement of a physician who had worked for six years as an internist at the state-run facility.  The physician had been fired on May 15, 2001.  He claimed he was fired for complaining publicly about the quality of psychiatric care at the hospital, while the state asserted he was fired for failure to follow a supervisor's instructions and for violating state policy regarding the disclosure of personnel records...

Found in DMHL Volume 24 Issue 1

Ruling That Dismissed Suit Against Therapist for Alleged Role in Conspiracy to Deny Child Custody to Mother Not Disturbed

Elwood v. Morin, No. 02- 56077, 2004 WL 26713 (9th Cir. 2004), cert. denied 125 S. Ct. 271 (2004)

Child custody disputes are frequently bitterly contested.  Mental health professionals may be asked to play a pivotal role by formulating and submitting a report regarding who should be assigned custody.  A disappointed party may subsequently file a lawsuit alleging improper behavior by the mental health professional in reaching his or her opinion. The U.S. Supreme Court declined to review a ruling by the Ninth Circuit that affirmed the dismissal of a lawsuit that alleged that a therapist had participated in a conspiracy to deprive a mother of the custody of her children...

Found in DMHL Volume 24 Issue 1

Arkansas Court Finds That Nursing Home Negligence and Malpractice Warrants Significant Compensatory and Punitive Damages; Supreme Court Declines Review

Advocat, Inc. vs. Sauer, 111 S.W.3d 346 (Ark. 2003), cert. denied, 124 S. Ct. 532 (U.S. 2003)

 

A nursing home resident in Arkansas suffering from Alzheimer's  Disease died from severe malnutrition and dehydration.  There was considerable evidence that the resident did not receive proper care and suffered considerably; that the misconduct involved repeated actions; that the facility, part of a large chain of assisted living facilities, was short-staffed to maximize profits and this practice continued even after complaints by staff members, patients, and family members; and that efforts were made to conceal deficiencies, including bringing in extra employees on state-inspection days...

Found in DMHL Volume 24 Issue 1

Hospital and Physician Liable Under EMTALA for Transferring Suicidal and Intoxicated Patient to Jail for Protective Custody

Carlisle v. Frisbie Mem'I Hosp., 888 A.2d 405 (N.H. 2005)

A recently completed national survey of hospitals found that 55% of all hospital admissions  (excluding  pregnancy  and childbirth)  in 2003 entered the hospital  through the hospital's emergency  department, a total of 16 million patients.  The fifth most­ often given reason for admission was mental health and substance abuse disorders  (5.8% or nearly 1,000,000 patients, with 387,500 patients admitted for the treatment of mood disorders).   Anne Elixhauser & Pamela Owens, Reasons for Being Admitted to the Hospital  Through the Emergency  Department, 2003, Healthcare Cost and Utilization Project (H·CUP) (Feb. 2006), http://www.hcup­ us.ahrq.gov/reports/statbriefs.jsp...

Found in DMHL Volume 25 Issue 2

Psychiatric Hospital Not Liable for the Death of a Patient Following a Struggle with Hospital Staff

Lanman v. Kalamazoo Psychiatric Hosp., No. 263665, 2006 WL 73747 (Mich. Ct. App. Jan. 12, 2006)

The Michigan Court of Appeals refused to impose liability on a psychiatric hospital for the death of a patient who had been admitted to its care.  The man had been transported by the police to the psychiatric facility, where he was found to be in need of care but capable of giving informed consent.  After he signed a voluntary admission form, the hospital admitted him, gave him medicine for back pain, and placed him in a "quiet room."...

Found in DMHL Volume 25 Issue 2