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Griffin v. Twin Valley Psychiatric Systems12/23/2003
.Plaintiffs-appellants, Sue Griffin, Debra Bope, Roger Myers, Reid Stevens, Mark Campolito, Ruth Canter, Amber Stanton, Benjamin Stanton, Kira Stanton and Greg Stanton, appeal from a judgment of the Ohio Court of Claims, finding in favor of defendant-appellee, Twin Valley Psychiatric Systems (formerly known as Central Ohio Psychiatric Hospital "COPH"), on appellants' negligence action.
.On January 24, 2001, appellants filed a negligence, wrongful death and survivorship action against appellee. The complaint alleged that appellee, through its staff, negligently treated and discharged a former psychiatric patient, Jerry Hessler, who committed multiple murders and caused other physical injury to a number of individuals on November 19, 1995, four months after his release from appellee's facility on July 20, 1995.
.The case came before the Court of Claims for a bench trial on the issue of appellee's liability for the actions of Hessler. At trial, appellants withdrew their claim that appellee failed to warn potential victims, and proceeded with the theory that appellee negligently treated and discharged Hessler, and that such negligence proximately caused the patient's violent acts.
.The Court of Claims rendered a decision on June 5, 2002, including findings of fact and conclusions of law, summarized as follows: On May 10, 1995, Carlene Hessler, the mother of Jerry Hessler, consulted Pamela Craycraft, a licensed independent social worker at the Columbus Area Community Mental Health Center ("CACMHC"), regarding her son's violent activities toward herself and others. As a probate pre-screen clinician, Craycraft interviewed and evaluated Hessler on May 11, 1995, and recommended psychiatric hospitalization. Craycraft also arranged for Hessler to be examined by Dr. Basobas, CACMHC's admitting psychiatrist.
.With Craycraft's assistance, the patient's mother initiated proceedings in the Franklin County Probate Court for her son's involuntary commitment, using a form affidavit containing statutory commitment allegations that her son represented a "substantial risk of physical harm to others" as manifested by evidence of recent violent behavior or threats, and that her son would benefit from treatment in a hospital for his mental illness, and needed such treatment as evidenced by behavior creating "a grave and imminent risk to substantial rights of others or himself."
.On the probate court questionnaire, Hessler's mother reported that her son had a lengthy history of psychiatric treatment, including three prior in-patient hospitalizations beginning in 1983. Collectively, these documents reported that Hessler had recently assaulted his mother and damaged her home, possessed multiple firearms, and stalked a former girlfriend, threatening to kill her and her husband.
.A probate court referee issued a temporary order of detention on May 11, 1995, directing the Franklin County Sheriff to take the patient into custody and "to transport him to the Franklin County Alcohol, Drug Addiction and Mental Health Services Board and/or Columbus Area Mental Health Ctr. and/or Central Ohio Psychiatric Hospital then and there to abide the order of this Court in the premises." The sheriff delivered Hessler to appellee on the evening of May 11, 1995, where an attending physician, Dr. Padma Tandon, evaluated him and admitted him in the early morning hours of May 12.
.The probate court scheduled a hearing regarding Hessler's involuntary commitment, and appointed counsel to represent him. The court also designated Dr. Robert Turton as a "Court doctor" to conduct an examination of Hessler.
.During Hessler's admission, appellee's per
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