Case details

Patient’s discharge and follow-up plans were proper: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, loss of society, multiple trauma
FACTS
On Oct. 22, 2010, plaintiffs’ decedent Michael Turek, 40, an attorney, presented to Stanford University Medical Center with complaints of chest pain. Hospital personnel reported that Turek had suicidal ideation after he requested “physician-assisted suicide.” As a result, Turek was placed on a Section 5150 (involuntary psychiatric hold) of the California Welfare and Institutions Code. It was reported that Turek then eloped from the hospital and was later evaluated by the police, who determined that he did not have suicidal ideation. Thus, the 5150 hold was dropped. Turek returned to the hospital on Oct. 24, 2010, and stated that he feared he had a stroke or a heart attack. He was evaluated in the emergency room by a psychiatrist, who recommended a voluntary admission to the hospital’s psychiatric unit. Turek agreed to the recommendation and was admitted the same day. He was then followed up by Dr. Justin Birnbaum, the attending psychiatrist, and Dr. Joy Rusmintratip, the resident psychiatrist. Turek remained a voluntary patient until Oct. 29, 2010, when he was discharged from the hospital, upon his request, at roughly 2 p.m. At approximately 3 p.m. that day, Turek was killed after jumping in front of a California Department of Transportation train at Belmont station in Los Angeles. The decedent’s parents, Anthony Turek and Leslie Turek, who were acting in their individual capacity and as successors-in-interest to their son’s estate, sued Stanford Hospital & Clinics (which was initially erroneously sued as Stanford University Medical Center); Birnbaum; Rusmintratip; and three other physicians from Stanford, Michael Gadbow, M.D., Katherine Iesen, Ph.D., and Claire Turchi, M.D. The decedent’s parents alleged that the defendants failed to properly monitor and care for their son, resulting in his wrongful death. They also initially alleged negligent infliction of emotional distress, but the claim was eliminated prior to trial on defense counsel’s motion for summary adjudication. Prior to trial, Gadbow, Iesen and Turchi were voluntarily dismissed from the case. The decedent’s parents’ survivorship claim was also voluntarily dismissed from the case pre-trail. Thus, the matter proceeded to trial with the parents’ individual claims of wrongful death against Stanford Hospital & Clinics, Birnbaum and Rusmintratip only. Plaintiffs’ counsel contended that the decedent’s discharge and follow-up care planning after the voluntary admission to the hospital was not sufficient and resulted in the decedent’s wrongful death. Counsel argued that the hospital violated its own policy by not discharging the decedent into the custody of a family member, and/or by not adequately explaining to him the risks and benefits of leaving the hospital. In addition, the decedent’s parents, who live in Arizona, claimed that when they spoke with hospital personnel on the phone, they were told that they did not need to come and pick up their son, even though they expressed interest in doing so. Counsel for Birnbaum, Rusmintratip and Stanford Hospital & Clinics contended the decedent was a voluntary patient at the hospital and was allowed to leave on his own whenever he chose to. Counsel also contended that aftercare arrangements were made for the decedent, including a follow-up appointment with his therapist and phone calls to see a psychiatrist for his medications. In regards to the phone conversation with the decedent’s parents, defense counsel contended that the plan was for the decedent to drive to San Diego and meet his mother there. In addition, counsel contended that the decedent’s mother agreed to the discharge plan of having the decedent released on his own on Oct. 29, 2010., At approximately 3 p.m. on Oct. 29, 2010, Michael Turek jumped in front of a Caltrans train, sustaining multiple traumatic . He ultimately died. The decedent was 40 years old. The decedent’s parents sought recovery of damages for the loss of guidance and moral support from the death of their only child. Although they didn’t request a specific amount of monetary damages for that loss, they sought approximately $1,200 in economic damages for funeral, burial and travel costs.
COURT
United States District Court, Northern District, San Francisco, CA

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