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Morra v. Harrop3/6/2002
This case came before the Supreme Court on December 5, 2001, on appeal by the plaintiff, Lucinda Morra (plaintiff), from a judgment of the Superior Court granting the defendant, Dr. Daniel Harrop's (defendant or Dr. Harrop) motion for judgment as a matter of law. The trial justice granted judgment in favor of the defendant after excluding the testimony of the plaintiff's chief expert witness, Dr. John Sharp (Dr. Sharp), and after denying the plaintiff's motion for a continuance to remedy any perceived flaws in Dr. Sharp's testimony. We reverse.
Facts and Travel
At the time of his death, plaintiff's father, William Morra (Morra), was a patient of Dr. Harrop's, suffering from bipolar disorder. The evidence disclosed that on May 17, 1993, the patient attempted suicide by an overdose of Tylenol. He was treated for the overdose and subsequently admitted to Butler Hospital (Butler) where, because of the suicide attempt and a recent decampment from another facility, he was placed under close supervision without grounds privileges. The evidence disclosed that during the course of this hospitalization, Morra was restless, became increasingly agitated and threatened suicide during discussions about his potential post-discharge placement. The issue of Morra's living arrangements remained a concern, and Dr. Harrop ordered that he remain under close supervision, with the addition of checks every ten minutes by staff for his continued safety. A discharge meeting with the patient's family and Dr. Harrop was held on May 27, 1993, and, although the question of an acceptable facility was not resolved, Morra's discharge was scheduled for the next day, May 28, 1993. The evidence disclosed that Dr. Harrop then amended his orders, discontinued staff supervision and granted the patient grounds privileges, permitting him to move about the hospital grounds unattended by staff. Doctor Harrop testified that Morra secured grounds privileges at 2:30 p.m. on May 27, 1993, was declared missing at approximately 4 p.m. and that, at approximately 7 p.m., his body was found lying face down in the Seekonk River, near the hospital grounds.
The plaintiff commenced suit against Dr. Harrop, alleging negligent care and treatment of Morra, including the order granting grounds privileges to the patient that, according to the plaintiff, was the proximate cause of his death by suicide. To support her allegation, plaintiff presented the testimony of Dr. Sharp, the associate director for psychiatry inpatient services at Beth Israel Deaconess Medical Center, an expert witness in the field of psychiatry and the treatment of patients hospitalized with suicidal tendencies. Doctor Sharp testified that Morra was admitted to Butler with bipolar disorder, that he was given medications that were inadequate to treat that disorder, that he suffered from suicidal ideation, and had voiced extreme disagreement with the discharge plan. In Dr. Sharp's opinion, on May 27, 1993, at the point that Dr. Harrop authorized grounds privileges, Morra was harboring a suicidal intention and plan. Doctor Sharp concluded that the patient committed suicide by drowning and that, in his opinion,
Dr. Harrop's treatment of Morra was negligent and was a deviation from the degree of care and skill that commonly is possessed by other physicians in the field. Specifically, Dr. Sharp testified that given the patient's mental state, the planned discharge to a less secure setting was inappropriate and, in light of the patient's potential for suicide, Dr. Harrop deviated from the standard of care when he approved grounds privileges. In his opinion, Dr. Harrop's failure to recognize that Morra's request for grounds privileges and his sudden upturn
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