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Estate of Willingham v. Mid-Columbia Mental Health Center11/21/2002
Margaret Willingham, individually and as personal representative of the estate of her son, Robert Willingham, brought suit against Mid-Columbia Mental Health Center for damages resulting from medical malpractice. She claims her son's suicide was the result of its negligence. Determining that Mid-Columbia's alleged negligence was not the proximate cause of Robert's suicide, the court granted summary judgment dismissal. Ms. Willingham appeals. We reverse.
Robert Willingham, born June 13, 1970, lived in Walla Walla with his mother. In January 1986, he moved to Kentucky to live with his father. In October, he called his mother and told her that his father had given him permission to commit suicide so he wanted her permission as well. He had climbed a water tower and intended to jump, but did not because he was afraid he would not succeed in killing himself and become a 'vegetable.' Clerk's Papers (CP) at 338. Ms. Willingham went to Kentucky and brought Robert back to Walla Walla.
Over the next few weeks, Robert continued to have difficulties. Ms. Willingham and Robert had a confrontation and he left. Fearing he would take his own life, Ms. Willingham contacted the police. A mental health specialist got involved and Robert was voluntarily admitted to St. Mary's Medical Center.
On November 26, three days after his admission to St. Mary's, Robert was transferred to Mid-Columbia Mental Health Center in Richland for a complete adolescent psychiatric evaluation. Upon admission, Robert was diagnosed with 'Major Depressive Episode R/O Intellectual Impairment.' CP at 278. Robert stayed at Mid-Columbia for three weeks. The director of his unit was Sally McCallum. His case manager was Sandra Caggiano, a registered nurse. Dr. Bruce Duthie, a psychologist on contract with Mid-Columbia, conducted several tests. Dr. Daryl C. Taylor was the attending psychiatrist at the facility.
Dr. Duthie concluded that Robert had some sexual identity issues and was prone to be sexually aggressive. The doctor also concluded Robert suffered from depression and feared he might take his own life. He recommended that Robert be placed in as restrictive an environment as possible.
Dr. Taylor prepared Mid-Columbia's discharge summary, which reflected a diagnosis that Robert had 'Conduct Disorder, Undersocialized, Aggressive, Paranoid, and Borderline and Antisocial Traits.' CP at 268. Upon discharge, Dr. Taylor recommended that Robert continue treatment at Intermountain Hospital in Boise, Idaho.
Robert was discharged from Mid-Columbia in December 1986, when Ms. Caggiano told Ms. Willingham that Robert was not depressed. Dr. Duthie's concerns to the contrary were not shared with Ms. Willingham. Ms. Caggiano said Robert had a low IQ, appeared aggressive, was a woman hater, and was a potential child molester and rapist. Ms. Willingham was shocked. Ms. Caggiano asked her if she would send Robert to Intermountain, which she described as a boys' group home that would offer structure. Ms. Willingham spoke to Robert, who told her he was willing to go. They drove to Boise from Mid-Columbia.
Ms. Willingham and Robert arrived at Intermountain around 11:00 p.m., but he was not able to check in at that time. Several hours later, Ms. Willingham and her son left to return home. She was confused about Robert's diagnosis and was uncertain what was best for him. She did not believe Robert was suicidal. She also did not inform anyone at Mid-Columbia about her decision not to have Robert admitted at Intermountain.
On February 23, 1987, Robert left the Willingham house and did not return. Ms. Willingham did not look for Robert or contact the police for a week. On
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