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Pettit v. Dowell8/10/2005
This is an appeal from an adverse judgment in a medical malpractice case. Because we find no error, we will affirm the judgment.
THE EVENTS
Early on a Saturday, twenty-one-year-old Lance Dowell was taken by Freestone County Sheriff's Deputies to Providence Health Center in Waco (Providence) because he had self-inflicted wounds and was talking about committing suicide. He was seen at the emergency room by Dr. James C. Pettit, who requested a psychological assessment from the DePaul Center (DePaul), which is affiliated with Providence. Sister Mary Theresa Fox, a joint employee of Providence and DePaul, evaluated Lance's condition and determined that he was not "actively suicidal." Dr. Pettit reached the same conclusion. Lance was discharged from the hospital, accompanied by his mother, Carolyn Dowell (Carolyn).
During that same day, Lance went to his mother's home in Waco and bathed, went to Lake Limestone, went to Fairfield with his brother Larry to a rodeo, and visited with friends. On Sunday he and Larry attended a family reunion and made plans to meet at a party that night. On Sunday evening, Lance hung himself.
THE SUIT
Lance's parents, Carolyn and Jimmy Dowell (Jimmy), sued Providence, DePaul, and Dr. Pettit, under the Texas Wrongful Death Act and the Survival Statute, asserting a claim of medical negligence and a claim under the federal "anti-dumping" statute. A jury found that Lance suffered personal harm as a direct result of Providence's failure to provide an appropriate psychiatric screening evaluation. After finding that the negligence of all three defendants proximately caused the injury in question, the jury apportioned the negligence 20% to Dr. Pettit, 40% to Providence, and 40% to DePaul. Damages were assessed as follows: $100,000 each to Carolyn and Jimmy for past mental anguish and loss of society and companionship; $100,000 each for the same elements in the future; and $400,000 for pain, mental anguish, and funeral and burial expenses as compensation for Lance. The court entered a judgment accordingly. Dr. Pettit filed a notice of appeal, which we docketed under cause number 10-01-00420-CV. Providence and DePaul also filed a notice of appeal, which we docketed under cause number 10-02-00026-CV. The causes were submitted on the same day.
The appeal was abated twice thereafter and finally reinstated on April 20, 2005, after the bankruptcy court granted limited relief from the automatic stay.
ISSUES IN THIS APPEAL
Dr. Pettit asserts in seven issues: (1) the evidence is legally insufficient to support the finding that the alleged breach of the applicable standard of care proximately cause the injury; (2) the evidence is legally insufficient to support an award of damages for pain and mental anguish; (3) Jimmy and Carolyn, individually, are not entitled to recover damages under the survival statute; (4) a potential statutory beneficiary under the Wrongful Death Act is unaccounted for; (5) the evidence of causation is factually insufficient to support the finding; (6) the court erred in failing to ask the jury about Lance's negligence; and (7) the award of survival damages is excessive. We will address the issues in the same order.
STANDARD OF REVIEW
We begin by considering the most recent articulation of the no-evidence review standards, address the factual sufficiency standards, then add the requirements peculiar to medical negligence cases.
LEGALLY-INSUFFICIENT-EVIDENCE REVIEW STANDARD
A no-evidence issue must and can only be sustained when the record reveals: (1) a complete absence of evidence of a vital fact; (2) rules of law
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