Bonnie Moore Katz v. Marvin Megibow, M.D.
Published: Aug. 23, 1997 | Result Date: Jun. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 115950 Verdict – $0
Court
Butte Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
James Stubblebine M.D.
(medical)
Facts
Defendant Dr. Marvin Megibow, a psychologist, saw decedent Dr. Lawrence Katz, a 42-year-old anesthesiologist, for the first time on a Friday afternoon in January 1992. The decedent came to the defendant for help because of work pressures, marital problems and depression. For the previous two years, plaintiff Bonnie Moore Katz, the decedent's wife, had been commuting between Los Angeles and her Northern California home in Chico to pursue an acting career. Although voluntary hospitalization was recommended, the decedent decided against it because of concerns that inpatient treatment might adversely impact his career. Involuntary hospitalization was considered, but defendant Dr. Megibow made a professional judgment that the statutory criteria for involuntary hospitalization did not exist and that the decedent would be worse off if involuntarily hospitalized. The decedent did sign a "no harm agreement" promising not to harm himself, to phone defendant Dr. Megibow over the weekend if needed, and to return for a second appointment the following Monday morning. The decedent saw defendant Dr. Megibow again on Monday. By then, the decedent allegedly appeared somewhat better, was looking forward to future events and was denying any suicidal thoughts. Defendant Dr. Megibow referred the decedent for a psychiatric and medication management consult. The decedent saw psychiatrist Dr. Frederick Schlaff that Monday afternoon. Dr. Schlaff also concluded that involuntary hospitalization was not appropriate. Plans were made to continue outpatient treatment with both defendants Dr. Megibow and Dr. Schlaff. That Monday night, the plaintiff informed her husband that she would be returning to Los Angeles, where the defendant claimed she recently had an extra-marital affair that her husband knew about, to continue her acting career. The decedent committed suicide at his house that Monday night by hooking himself up to an IV bag containing a lethal solution. The plaintiff brought this action against the defendants based on medical negligence and malpractice theories of recovery.
Settlement Discussions
Prior to trial and after the motions in limine were ruled on in favor of defendant, the plaintiff offered to settle the case for $25,000 and the defendant offered $5,000.
Injuries
Death of a 42-year-old husband.
Other Information
Defense expert Jerome Motto, M.D., a prominent psychiatrist and suicidologist, testified that Dr. Katz made the decision to commit suicide Monday night, in response to his wife telling him she was returning to Los Angeles. One of the issues in the case turned on the patient-therapist privilege. The plaintiff had met with a marriage, family and child counselor on the same two days that Dr. Katz ahd met with Dr. Megibow. The court determined that the records of the MFCC were so integrally related to the facts of the case that the priviledge (confidentiality) was waived, and admitted the records as well as testimony of the therapists, over the plaintiff's objection. The records contained details concerning Mrs. Katz' ongoing affair and divorce plans, thus painting a bleak picture of the marriage. Plaintiff's expert, Dr. J.M. Stubblebine, testified that the decedent should have been hospitalized on Friday, because he met the criteria pursuant to Welfare & Institutions Code º5150 (involuntary hospitalization), as the decedent had a plan, means, and intent for commiting suicide at the time he first saw Dr. Megibow on Friday. Dr. Stubblebine, also testified that the decedent at that time was depressed and possessed many of the tell-tale signs indicative of a person with suicidal intent.
Deliberation
40 minutes
Poll
11-1 (one undecided)
Length
15 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390