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Hallman v. Holy Cross Hospital of Detroit10/25/2005
UNPUBLISHED
Before: Owens, P.J., and Fitzgerald and Schuette, JJ.
Plaintiff appeals as of right the order granting summary disposition in favor of defendants in this medical malpractice and negligence action. We affirm.
Plaintiff's twenty-five year old son, Leonard Hallman, Jr., was admitted to defendant Holy Cross Hospital pursuant to an order of the Probate Court entered as a result of a petition for psychiatric hospitalization signed by plaintiff and a physician. Hallman was admitted to Holy Cross after complaining of experiencing hallucinations and hearing voices telling him to kill himself. Plaintiff was assigned to the care and treatment of a psychiatrist, defendant Nadimpalli Raju, M.D.
Dr. Raju made an initial assessment of Hallman's psychotic functioning and diagnosis and initiated an involuntary hospitalization because of Hallman's refusal to receive treatment. Dr. Raju noted that Hallman was overtly paranoid and psychotic and made statements to the effect that he felt that other people wanted to harm him. Hallman was also very angry and irritated about his hospitalization. Dr. Raju did not feel at that time that defendant posed a risk of harm to himself, but that he might post a risk of harm to others.
During his hospitalization Hallman was treated with the psychiatric medication Haldol and was involved in individual and group therapies. Hallman benefited from taking Haldol in that he "showed improvement to the point that he was more cooperative and compliant, agreed to take the medication, took the medication without any resistance." Dr. Raju indicated that Hallman never exhibited any behaviors to indicate that he was a suicidal threat during the hospital stay of May 19 to June 8.
During Hallman's admission to the hospital he signed a consent form accepting the home-finding services of defendant Community Case Management Services, Inc. (CCMS) because his mother apparently was no longer willing to allow Hallman to reside with her. Dr. Raju indicated that he was the primary person to make suggestions or recommendations as to what level of care and what type of treatment Hallman would require. As of June 4, Hallman was "much more compliant with the medications, . . . attending some of the groups . . . and not exhibiting any irritated and angry and hostile behaviors toward others." Dr. Raju monitored Hallman for an additional seventy-two hours to verify that Hallman was maintaining the improvement so that he could be satisfied that Hallman was able to follow directions. Dr. Raju testified that as of June 8, 1998, Hallman no longer met the criteria to be involuntarily hospitalized. Dr. Raju recommended that Hallman be placed into an adult foster care home because that institution was the least restrictive alternative available for Hallman and because Hallman agreed to the placement, agreed to continued treatment, and was no longer an immediate danger to himself or others. Dr. Raju determined that Hallman needed supervision because he had a history of not complying with his treatments. An adult foster care referral sheet signed by Dr. Raju on June 5, 1998, and directed to CCMS indicates that Hallman should be placed in a "Contract IIA" adult foster care home "due to suicidal ideation and violent behavioral tendencies." Dr. Raju explained that the reference to "suicidal ideation" was included on the referral sheet as "historical information." Dr. Raju explained that he recommended twenty-four hour supervision, meaning that supervision would be provided with respect to giving medication, monitoring eating and sleeping, attending to ADL's and self-care. He also explained that this level of supervision required the AFC home to be aware
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