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Brown v. Carolina Emergency Physicians12/17/2001
Heard September 6, 2001
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
In these medical malpractice actions, Donna Brown, Chris Brown, individually, and Chris Brown, as Personal Representative of Nathan Andrew Brown (Appellants), appeal the circuit court orders granting summary judgment to Greenville Hospital System, Dr. Benjamin Crumpler, and Carolina Emergency Medicine, P.A. Appellants allege that Dr. Crumpler's negligent failure to adequately treat and/or failure to hospitalize Donna Brown for psychiatric problems resulted in the beating death of sixteen-month-old Nathan Brown. We affirm in part, reverse in part, and remand.
FACTUAL/PROCEDURAL BACKGROUND
In April of 1994, Chris Brown noticed a gradual change in the behavior of his wife, Donna. Donna's usual level of activity decreased and she became lethargic. The family had just moved into a new house. Rather than helping Chris, Donna sat around "not doing anything." Chris testified Donna seemed "depressed."
Chris, a member of the National Guard, was scheduled to depart for a two-week annual training session in New Mexico. Due to his concern for Donna, he requested permission of his commanding officer to stay home. The commanding officer required Chris to obtain a doctor's statement certifying that Donna needed Chris at home. When Donna arrived home on Friday, April 29, 1994, Chris took her to the emergency room at Greenville Memorial Hospital, an affiliate of Greenville Hospital System, to obtain the doctor's statement.
Dr. Crumpler examined Donna in the emergency room of Greenville Memorial Hospital and diagnosed her as suffering from acute delusional psychosis. Crumpler suggested Donna be hospitalized. Neither Chris nor Donna wanted to admit Donna to the hospital. Chris assured Crumpler he would care for Donna at home and bring her back if any problems developed before Monday. Before releasing Donna, Crumpler contacted an adult female family friend and asked her about Donna and the Brown home situation. Based on this conversation, Crumpler believed the plans for Donna were satisfactory. Crumpler gave Chris a note stating he should be excused from Guard duty and advised Chris to take Donna to the Mental Health Center on Monday for follow-up evaluation and treatment. Crumpler prescribed Vistaril.
The next day, Saturday, Chris thought Donna seemed better. By Sunday morning, Donna appeared strangely energetic; she raced around the house singing a hymn. Chris found this disturbing and attempted to get Donna to slow down. He tried to physically restrain Donna's movement. To Chris's surprise, Donna suddenly fell asleep in the middle of struggling with him. Chris took Donna to the bedroom where she remained for approximately thirty minutes. Meanwhile, the Browns' sons, Adam, four, and Nathan, sixteen months, were in the front room of the house.
When Donna awoke, she seemed agitated. Donna resumed walking around the house, singing religious songs. When Donna asked Chris for the key to a shed on their property, Chris refused, fearing for Donna's safety. Donna became angry and repeatedly hit Chris with a rod from the closet. A violent struggle ensued during which Donna struck Chris with the rod, told Chris she hated him, and threatened to kill him.
As Donna and Chris struggled, Adam gave Chris a pipe bender, which Chris thought he could use to pin Donna's arms behind her. In the middle of the struggle, Donna suddenly went limp again and seemed to be asleep. Chris released her and went into the kitchen to call 911. While Chris was on the phone, Donna beat Nathan to death.
Prosecutors charged Donna with murder and two counts of assau
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