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Dodd v. Sparks Regional Medical Center3/2/2005
Appellant James G. Dodd, Jr., the husband of Stacy Lynn Dodd and administrator of her estate, filed this suit in his capacity as administrator for her wrongful death, which was occasioned by suicide. The complaint lodged claims against appellees Dr. Joe Dorzab, Dr. Sally Goforth, and their employer, Holt-Krock Clinic, and Sparks Regional Medical Center (Sparks) where Ms. Dodd was hospitalized when she took her life. Appellant contends on appeal that the trial court erred in concluding that expert testimony was necessary and in finding that the testimony he offered to support the complaint was insufficient as a matter of law. We find no error and affirm the grant of summary judgment.
The undisputed facts of this case reveal that Ms. Dodd, age twenty- three, had been admitted by Dr. Dorzab, a psychiatrist, to Sparks on September 30, 1995, because of suicidal ideation. She was readmitted to Sparks on November 6 after taking an overdose of sleeping pills. She was later admitted to another psychiatric hospital on November 22 by a different physician, who diagnosed major depression with psychosis. She was readmitted to that hospital on December 8 due to suicidal ideation. On each of these occasions, Ms. Dodd left the hospital against medical advice.
On December 12, Ms. Dodd was again admitted to Sparks by Dr. Dorzab for major depression. During this admission, she came under the care of Dr. Sally Goforth, a clinical psychologist. On December 20, Dr. Dorzab requested that appellant initiate involuntary commitment proceedings. Appellant complied with that request, and on December 22 the Probate Court of Crawford County entered a forty-five-day commitment order. In this order it was found that Ms. Dodd was a clear and present danger to herself based on a medical report provided by Dr. Dorzab that described her as being suicidal. Early on the morning of December 27, Ms. Dodd hanged herself in her room with a bed sheet tied to a doorstop located at the top of the door leading to her private bathroom. At the time of her death, she was being housed in the intermediate psychiatric unit at Sparks.
In the wrongful-death complaint filed on January 20, 2002, it was alleged that Dr. Dorzab violated the standard of care and was negligent by: (1) failing to make a proper diagnosis; (2) failing to adequately assess the deceased's suicide risk; (3) failing to manage the deceased's suicide risk; (4) failing to prescribe proper medications in appropriate doses; (5) failing to adequately communicate with the hospital staff; (6) failing to provide adequate treatment and care during the Christmas holidays; (7) failing to order proper suicide precautions, including fifteen-minute checks; and (8) failing to use ordinary care for the safety of the deceased.
It was alleged that Dr. Goforth violated the standard of care and was negligent by: (1) failing to assess the deceased's suicide risk; (2) failing to manage the deceased's suicide risk; (3) failing to adequately communicate with Dr. Dorzab and the hospital staff about the deceased's suicide risk; (4) failing to provide adequate counseling for the deceased during her absence for the Christmas holidays; and (5) failing to use ordinary care for the safety of the deceased. The allegations against Sparks included a claim that it was negligent by failing to remove the doorstop from the top of the door in the room in the psychiatric unit.
Appellees ultimately filed motions for summary judgment. Cumulatively, appellees asserted that the allegations in the complaint concerning the diagnosis, treatment, and care of Ms. Dodd stated claims for medical negligence which required the support of expert testimony. They contended that they were ent
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