Find Legal Information

THIRD DIVISION
December 18, 2002

JUSTICE WOLFSON delivered the opinion of the court:

In this medical negligence case, personnel at the defendanthospital transferred the patient to a State medical facility,where he was examined and released. One hour later, he committedsuicide. The question is whether the defendant hospital and itspersonnel can be held liable for that suicide. The trial judgegranted summary judgment on behalf of the defendants. We affirmthe trial court.

FACTS

George Jinkins' friend, Lorenzo Norwood, testified in adeposition that for several months before the suicide, George hadbegun drinking heavily. He was wearing dirty clothes, givingaway money and possessions, and jumping in front of cars. Georgehad separated from his wife, Earlean, who was living elsewherewith their children. On June 20, 1996, Maurice Abernathy,another friend, found George lying face-down in a puddle of muddywater. He was bleeding and his pants were pulled down. Afterthey brought him home, George jumped in front of another car. Norwood, Abernathy, and George's mother, Florine Jinkins, broughthim to the emergency room at Christ Hospital and Medical Center(Christ Hospital) at about 7 p.m.

At the hospital, George's blood alcohol level was .203, andhe tested positive for marijuana. Dr. Daniel Sachs diagnosedGeorge with acute psychosis, suicidal behavior, and alcoholintoxication. A petition for involuntary admission was preparedand signed by George's mother. In a certificate attached to thepetition, Dr. Sachs said, in his opinion, George was mentally illand because of his illness was reasonably expected to inflictserious physical harm on himself or another in the near future. He based that opinion partially on statements by family membersthat George repeatedly tried to kill himself by walking into thestreet in front of cars and told them, "I just want to go." According to Dr. Sachs' notes and hospital records, George hadbeen hearing voices and "seeing colors." He thought his motherwas poisoning his food and people were shooting at him.

Leonard Kemp, a social worker at Christ Hospital, informedDr. Sachs of the decision to transfer George to Madden MentalHealth Center (Madden), a state facility. Dr. Sachs stated inhis deposition that this decision was "administrative," and hewas not involved in the decision. He told Kemp he thought Georgeshould either be involuntarily transferred or involuntarilyevaluated by a psychiatrist. The plaintiff contends George wastransferred to Madden because he did not have health insurance. Dr. Sachs stated he did not know the reason for transfer, butinsurance "may have been a factor." Dr. Sachs said he spoke onthe telephone to a "Dr. Jazed"⁽¹⁾ at Madden regarding George'scondition.

George was not transferred immediately because his alcohollevel upon arrival at Christ Hospital was too high. Apsychiatrist at Madden testified it was the facility's policy notto accept a patient until his blood alcohol level dropped below.1.

While at Christ Hospital, George was placed in leatherrestraints, was agitated, and kept screaming, "Get me out ofhere." He "laughed inappropriately" when blood was drawn fromhis arm. At 11:40 p.m., he was given ten milligrams of Haldol, amedication used to calm combative patients. At 2:50 a.m., he ranout of the emergency room during a trip to the restroom. He wasfound in a parking lot a half-hour later and brought back to thehospital.

At 5:50 a.m., George was transported to Madden by ambulanceand arrived at 7:30 a.m. The record shows he was interviewed andevaluated by both Dr. Lee and Medlin. It was Dr. Lee's decisionas an intake psychiatrist whether or not to admit a patientinvoluntarily. George was accompanied by his mother, Florine,and his wife, Earlean. Dr. Lee and Medlin reviewed records fromChrist Hospital stating George had been hearing noises andvoices, thought he was being shot at, thought birds were talkingto him, and that he had been poisoned. They also were aware thatGeorge had been running in front of cars trying to kill himself,but did not know he was found lying in a puddle of water. Theyknew of his testing positive for marijuana.

During the interview, George was calm and coherent anddisplayed no paranoid symptoms. He denied all of the behaviorslisted in the Christ Hospital records, and denied being suicidalor depressed. He denied any past psychiatric history or pastsuicide attempts. He said he did not want to be admitted toMadden. Earlean and Florine both stated he did not need to beadmitted to Madden. Earlean stated she did not witness anysuicidal behavior by George and did not think he was suicidal. She said she and George had been separated for a few days, butwere now back together.

Based on these interviews, Dr. Lee and Medlin releasedGeorge and referred him for outpatient treatment for alcoholabuse. George refused the referral. Dr. Lee diagnosed Georgewith alcohol-related disorder NOS (not otherwise specified), andalcohol abuse. In his deposition, Dr. Lee stated he did notbelieve George was suicidal, but there was a low risk of suicide. His decision to release George was based on George's strongstatement that he did not want to be admitted, his wife's andmother's objections to his being admitted, and his "supportivefamily network." George was released from Madden atapproximately 9:50 a.m. on June 21, 1996. Within an hour ofarriving home, George shot himself in the head and later died ofhis injuries.

Earlean brought an action against Christ Hospital and itsemployees for providing negligent treatment. She also allegedChrist Hospital violated the Emergency Medical Treatment andActive Labor Act (EMTALA), 42 U.S.C.