Facts

On Dec. 9, 1998, decedent Diane Soderman, a 57-year-old traveling registered nurse, arrived in Sacramento for a job assignment. Soderman had a history of alcohol abuse, depression and suicide attempts. Soderman began to drink heavily on Dec. 11, 1998 and attempted to take her life by overdosing on Antabuse. She contemplated hanging herself but called 911 instead.

Emergency personnel arrived and took her to the ER of a local hospital where she was evaluated by an ER physician and placed on 72-hour involuntary hold. She was then transferred to a local psychiatric facility, where she was initially placed in a locked unit and monitored every 15 minutes. Soderman stated she was no longer suicidal, and a nurse concluded a less restrictive unit would be more therapeutic for her.

The nurse telephoned defendant psychiatrist Dr. Daid Smith for an order to transfer Soderman to the adult treatment unit, and the transfer occurred on Dec. 12, 1998. The nursing staff continued to observe Soderman every 30 minutes. Soderman participated in group therapy, signing a safety contract and agreeing to cooperate in therapy.

On Dec. 12, Dr. Smith conducted a psychiatric evaluation and noted Soderman expressed a desire to return to work but also described a fear of divorce. He diagnosed Soderman with major depression and prescribed antidepressants.

On Dec. 13, Dr. Smith personally evaluated Soderman on two separate occasions, where she appeared withdrawn and complained of anxiety and suicidal thoughts. However, Soderman expressed an desire to voluntarily remain in the hospital, so Dr. Smith adjusted her medication. Before he left the facility that evening, Soderman stated she felt safe and promised she would not try to hurt herself.

Less than five hours after he left, Soderman was found hanging in the shower. Resuscitative measures were implemented and Soderman was transferred to an acute care hospital but she remained unresponsive and dependent on a ventilator. Several days later, her family withdrew life support based on the treating physician's recommendations.

Soderman's husband Christian brought a medical malpractice claim against Dr. David Smith.

Settlement Discussions

A demand for $250,000 was made. An offer for a dismissal in exchange for a waiver of costs was made.

Damages

$88,000 hospital expenses; $4,000 burial expenses; $20,000 for the loss of decedent's financial support.

Other Information

Defendant's insurance carrier was The Doctor's Company.

Deliberation

five hours

Poll

12-0

Length

11.5 days