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Suzuki v. Lilly2/25/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
SUMMARY
Plaintiffs appeal from judgment entered following the grant of defendants' motion for summary judgment. The core issue involves the extent of a psychiatrist's duty to victimized third persons for alleged misconduct and negligent treatment of his patient. Also at issue is the propriety of an order denying plaintiffs' request for discovery regarding treatment and evaluation of the patient. As we explain, neither issue has merit and we affirm the judgment.
FACTS AND PROCEEDINGS BELOW
Facts
On April 22, 1998, David Rothman was a 51-year-old Vietnam War veteran. His employment experience included oil field chemical salesman and dog handler for the United States Department of Agriculture (USDA), operating out of Los Angeles International Airport (LAX). Rothman was on his second marriage. Rothman was a member of Local 28, having served as its president since September of 1997, and also a member of the National Association of Agricultural Employees. From 1994 through 1998 Rothman's relationship with USDA management had been stormy. However, labor peace had prevailed for three months beginning in April 1998. Personal work schedule issues had been resolved. Individuals with whom Rothman had differences had been transferred from LAX. In December of 1997, two to three weeks prior to the shooting incident hereafter described, union members circulated a petition to have Rothman removed as president of the Local.
Dr. Gordon Brion, M.D., had been treating Rothman for mental problems beginning in August 1996. Dr. Brion was affiliated with PsychCare Alliance, a professional medical corporation operating under the Moscone-Knox Professional Corporation Act (Corp. Code, ยงยง 13400 et seq.). Prior to August 1996, Rothman had been treated by Dr. Steven Schultz with anti-depressants. The results were poor. In January of 1994, Dr. Schultz started treating Rothman with Prozac. Dr. Schultz reported that Rothman had made an outstanding response to a life-long history of depression. He was less depressed, had more energy, felt much better than at any other time in his life and kept getting better.
Mullikin Medical Center provided treatment to Rothman under a sub- capitation agreement with PsychCare Alliance. Rothman received psychopharmarcology and psychiatric medication support for depression, anxiety and a related personality disorder from PsychCare. Rothman refused talk-psychotherapy from Mullikin's Behavioral Health Department.
Rothman believed that he received shabby treatment from the United States Department of Agriculture, the Animal and Plant Health Inspection Service and LAX. In response to Rothman's stress, his psychiatrists wrote letters advising his employer that his work stress was deleterious to his psychiatric treatment and accommodation was necessary. Rothman did not present a danger of serious harm or death to others or communicate a plan or intent to cause serious harm or violence to anyone while under treatment at PsychCare.
When last seen by PsychCare, Rothman was doing better when compared with his previous visit. His concentration had improved. He was less depressed. He was working full time, sleeping and eating well, and was well groomed. Rothman presented no evidence of hallucinations, delusions, suicidal ideations or homicidal thoughts. Rothman was
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