Jane Doe v. Doe Hospital, Doe Internist, and Doe Psychiatrist
Published: May 20, 2003 | Result Date: Feb. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: 01CC12639 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Larry T. Pleiss
(Pleiss, Sitar, McGrath, Hunter & Hallack)
Joel Bruce Douglas
(Bonne, Bridges, Mueller, O'Keefe & Nichols)
Experts
Plaintiff
Mark S. Lipian
(medical)
Jeffrey Salberg
(medical)
Catherine M. Graves MBA
(technical)
Defendant
Lester M. Zackler M.D.
(medical)
Michelle Ryan
(medical)
Theodore Vavoulis
(technical)
Robert E. Litman
(medical)
Facts
The decedent, a 39-year-old mother of three, was admitted to the defendant hospital on Oct. 5, 2000 after a suicide attempt. The patient was sent to a non-psychiatric hospital and was admitted to the seventh floor, which was a medical floor. The defendant internist evaluated the patient as having suicidal ideation and ordered a psychiatric consultation, 24-hour a day "sitter" and medical management. She was assigned to a room on the 7th floor with a window that opened 3-5 inches. The defendant psychiatrist saw the patient on the date of admission. He assessed that although depressed and needing psychiatric care, she could be treated on an out-patient basis if discharged to her family for 24-hour watch and medication management. On Oct. 6, the defendant internist evaluated the patient and found her to be medically stable. He ordered her to be discharged if acceptable to the psychiatrist. The psychiatrist did not come in to see the patient on the day of discharge. Nursing notes indicated that the patient was making "paranoid statements" including people filing reports on her and the police monitoring her over the television. The patient's family arrived at approximately 11:00 a.m. on Oct. 6 to visit the patient. Sitter was discharged. A disruption subsequently occurred (disputed by the family). The decedent broke through the seventh floor window and went out onto the ledge. One of the hospital nurses went out after her and the plaintiff went over the edge.
Settlement Discussions
None firm
Specials in Evidence
$335,000
Damages
Death of a 39 year-old mother of three.
Other Information
The children's father died in a car accident; the decedent remarried briefly, then separated from second husband.
Deliberation
one day
Length
four weeks
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