Health Law

NEGLIGENT DISCHARGE?

By Greg Piche'

The  Indiana Court of Appeals, in McSwane v. Bloomington Hospital and Healthcare System, Ind. App. ct.,No 53A04-075-cv-243 (March 12, 2008) reversed a summary judgment granted in favor of Bloomington Hospital in a claim, that the hospital negligently discharged Malia Vandenneede into the custody of her estranged husband, Monty Vandeneede, following her treatment for apparent martial abuse. The hospital treated Mrs. Vandeneede for laceration puncture wounds and arm and wrist pain
which Mrs. Vandneede herself related to falling off of a horse onto a pile of debris. The plaintiff in the case, Mrs. Ava McSwane, was Mrs. Vandeneede's mother,who advise a hospital nurse that Mr. Vandeneede had beaten his wife with a fireplace poker.

The hospital advised Mrs. Vanderneede that she could remain in the hospital rather than return home with her husband, from whom she was seeking a divorce. She chose to return home with him where he subsequently killed her and then himself.

A majority of the the Court of Appeals panel held that the hospital had a duty to protect its patients from harm from third parties and that summary judgment could not be granted on the basis of lack of duty. Further, the court said that contributory negligence could  not be used to bar the claim as a matter of law because her physician and mental conditions had to be taken into consideration by a trier of fact, particularly in light of her heavy sedation while she was being treated.

This case presents a difficult call for hospital personnel. When they suspect that a patient has been abused by a family member and is danger upon release, must they nevertheless release her if she insists upon leaving. Should the hospital override the patient's will and detain her against her wishes, potentially exposing the hospital for wrongful detention? Is the hospital free to wash its hands based upon patient consent and release her into harms way when their is objective and confirming evidence of past abuse and current danger raising potential negligence claims as determined by the Indiana Court of Appeals. Protection of patient safety in the circumstances is probably the more prudent option, but there are also other options that might have been less risky. The hospital might reasonably have notified the police immediately upon developing its concerns and delaying the patients discharge until she could be examined and questioned by a police officer, who might have been otherwise available to take her into protective custody.

Full post as published by Healthcare Law Blog on April 04, 2008 (boomark / email).