(2011), as recognized in Ellithorpe v. Weismark, 479 S.W.3d 818, 824-26 (Tenn. 2015). The family of 16-year-old Brittany Kish had been planning to file a lawsuit against the Spring Mountain Treatment Center in about two weeks, the girl's mother and her lawyer said. Eric Blackmon, 40, died from multiple stab wounds during a fight in a shopping center parking lot. May 2013: An employee at a UHS center in Pensacola, Florida, was sentenced to jail after she was caught on camera slamming a young girl into a wall and then sitting on her for 20 minutes. Hosp., 517 N.Y.S.2d 762, 763 (App. Spring Mountain Treatment Center offers hospital inpatient treatment and partial hospitalization/day treatment and is categorized as a psychiatric hospital or psychiatric unit of a general hospital. At least one employee alleged her supervisors at UHSs The Ridge in Kentucky told her If we didnt have beds, it doesnt matter just go ahead admit them anyway. She said that there was every bed filled on the kid unit, teenagers boarding on the childs unit, and kids sleeping in the dayroom on rubber mats. The acute physician discharge progress note also noted that Sean had participated in treatment planning to find housing. Further, Szymborski alleged that the MA met with Sean prior to Sean's release and the MA documented that Sean was vague about the address for his apartment. I also concur that under that standard, the gravamen in counts I and IV fall outside claims for medical malpractice. Don't miss the big stories. The distinction between medical malpractice and negligence may be subtle in some cases, and parties may incorrectly invoke language that designates a claim as either medical malpractice or ordinary negligence, when the opposite is in fact true. Residents said they were knocked out for hours at a time from the meds. It was weird, but I didnt think much of it. February 2017: Police investigated a case of sexual assault involving two teenage patients at Cedar Ridge Psychiatric Hospital in Oklahoma City. Chris Harris has been a senior true crime reporter for PEOPLE since late 2015. She seemed happy and stable, her mother said. CLOSED, 2019. Szymborski alleges that Spring Mountain in the exercise of reasonable care had a duty to know, or should have known, that they are required to comply with NAC 449.332, regarding discharge plan of Patients; and with NRS 449.765 to 449.786. He accuses Spring Mountain of breaching its duty by failing to carefully investigate, monitor and/or oversee discharge activities including but not limited to, the development, implementation, and supervision of discharge policies and practices. Spring Mountain also negligently permitted the dumping of [Sean], by taxi to the home of [Szymborski], without notice to [Szymborski], in violation of their own internal policies; NAC 449.332; and NRS 449. As such, Szymborski's professional negligence claim against Spring Mountain is grounded in medical malpractice and was properly dismissed for failure to attach a medical expert affidavit pursuant to NRS 41A.071.5, The third claim for relief is titled malpractice, gross negligence, and negligence per se. In this composite claim, Szymborski appears to be asserting a claim for social worker malpractice. But on April 2, Brittany ran away again. Sean James Murray, the father of Gavin, is suing Spring Mountain Treatment Center, saying the facility was negligent in releasing Renai a week before the incident. The facilitys CEO reported receiving calls about staff needing help but said he was frustrated that a nurse had called him rather than a weekend supervisor. But Doughty, bigger and quicker, shoved him and pulled him back into the room, once again out of the cameras sight for about 30 minutes. You have no idea when youll see your family again. The facility billed his mothers insurance company more than $11,000 for the unwanted stay. May 2013: Lennox Seepersad, a mental health technician with The Vines Hospital in Florida was charged with aggravated felony abuse of a 13-year old resident whose arm he twisted to the point of causing a spiral fracture. In March 2014, Parker was found guilty and in April was sentenced to 25 years in prison. Nevada law mandates patients can be released after 72 hours, should officials determine they are no longer a threat. February 2020: Media reported that Dr. Davidow from Cumberland Hospital was under investigation for the allegations of patient sexual abuse and had originated a leave of absence from Cumberland at the time. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. DO NOT GO HERE Thats what they do. One of the staff who restrained her said that some staff members did hurt patients: When they get off camera, they beat people, he said, referring to the other mental health workers. Im surprised it didnt paralyze my leg, the way that he was slamming it, Vice said., February-September 2017: A teachers aide who worked at Behavioral Education Services, a subsidiary of UHS, in Florida was accused of sexually assaulting a 14-year-old troubled special needs student. 2005; http://dailycollegian.com/2005/03/25/state-considering-new-restraints-for-psychiatric-patients/, Ralph Ranalli, Former counselors guilty of rape, Boston Globe, 28 July 2005, http://www.kirkbridebuildings.com/forum/viewtopic.php?f=24&t=451, Handle with Care, Nashville Scene, 8 Nov. 2020, http://www.nashvillescene.com/nashville/handle-with-care/Content?oid=1195422, Justice Department asked to investigate Chad Youth Enhancement Center, Clarkesville Online, 29 Jan. 2008, http://www.clarksvilleonline.com/2008/01/29/justice-department-asked-to-investigate-the-chad-youth-enhancment-center/, Centers abuses didnt deter DHS, Philadelphia Inquirer, 5 Aug. 2007, http://web.archive.org/web/20150929012221/http://articles.philly.com/2007-08-05/news/24995016_1_chad-spokesman-dhs-child-abuse, Another life lost on DHSs watch: The agency sent Omega Leach, a troubled 17-year-old, to a Tenn. youth facility in May. You don't leave that stuff with a kid who's on suicide watch -- you can't," Kish said. Regardless, at this stage of the proceedings this court must determine whether there is any set of facts that, if true, would entitle Szymborski to relief and not whether there is a set of facts that would not provide Szymborski relief. 1999) (determining that the statute of repose for medical malpractice applies to plaintiff's claims against the nurse's employer for negligent hiring, retention, supervision, and entrustment because the claims arose out of the nurse's administration of an injection). Thus, the mere fact that Szymborski's claims are brought against Spring Mountain, a mental health treatment center rendering services, does not mean the claims sound in medical malpractice. Under no circumstances is abuse against a patient, much less a special needs child, appropriate in any fashion! The nurse resigned about five months after a WTVR-CBS 6 investigation revealed the hospital had been at the center of a criminal investigation of allegations of child abuse and neglect since October 2017. Hough, 49, pleaded guilty to a charge of gratification of lust in 2013 and was jailed for 10 years. Governor Ralph Northam sent a statement to WTVR-CBS 6 saying that took these allegations very seriouslynot only as Governor, but as a pediatrician and father. As described in the complaint, both the nursing progress note and the acute physician discharge progress note indicated that Sean was reluctant to return to his fathers home. (function() { 25 August 2017: The Massachusetts Department of Mental Health closed Westwood Lodge psychiatric hospital due to issues concerning patient safety and quality of care. The closure was amid a sexual assault investigation.Westwoods psychiatric unit for children was earlier ordered shut down following a surprise inspection. 2011: The Chicago Tribune documented that juvenile state wards and other youths were sexually assaulted at Riveredge psychiatric hospital in Forest Park. Auto. The place needs to be shut down. In response to the outcry over this and other sexual assault allegations, James Miller, Timberlawns chief executive, stated: We believe our rate of serious incidents associated with the patient population treated at Timberlawn is within industry norm. Further, we are mindful that over the course of successfully treating thousands of patients per year, isolated and regrettable incidents may occur.[Emphasis added]. endstream endobj 179 0 obj <>/Metadata 19 0 R/Pages 176 0 R/StructTreeRoot 35 0 R/Type/Catalog>> endobj 180 0 obj <. The case was settled in mediation in September 2014. Other allegations in a 69-page complaint included: The defendants operated an unsafe facility that subjected the patients, including the plaintiffs, to constant threats to their basic safety, devoid of fundamental sanitation or humanity, the plaintiffs allege. The revisions to NRS 41A.071 still require that the expert affidavit be submitted by a medical expert who practices in a substantially similar area as the alleged professional negligence. Contact us. The fire happened on Oct. 8. "We just want some answers.". Szymborski attached the Division's report to his complaint, but not an expert medical affidavit. 2018, https://www.wfaa.com/article/news/local/investigates/against-their-will-locked-away-in-a-mental-hospital-after-voluntarily-seeking-help/287-520570575, Child punched by staff member at treatment center, state investigation alleges, The Greenville News,1 Oct. 2018, https://www.greenvilleonline.com/story/news/local/south-carolina/2018/10/01/staff-member-punched-child-treatment-center-dhec-palmetto-pee-dee-behavioral-health/1221935002/, A teen girl was raped by another patient at Gulfport Behavioral, federal lawsuit says, Sun Herald, 29 June, 2020, https://www.sunherald.com/news/local/counties/harrison-county/article243829147.html#storylink=cpy, Ex-employee raises concerns over childrens hospital: Our job is to make sure that theyresafe CBS 6 News, 30 Oct. 2019, https://www.wtvr.com/2019/10/29/former-employee-raises-concerns-over-neglect-at-childrens-hospital-our-job-is-to-make-sure-that-theyre-safe/, Childrens doctor accused of sexual abuse on temporary leave of absence: Dr. Daniel Davidow is on temporary leave of absence after a CBS 6 investigation, 11 Feb 2020, https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/childrens-doctor-accused-of-sexual-abuse-placed-on-temporary-leave-of-absence, Psychotherapist at Virginia childrens hospital indicted on sex crimes, WHSV3, Fox affiliate, 6 Feb, 2020, https://www.whsv.com/content/news/Psychotherapist-at-Virginia-childrens-hospital-indicted-on-sex-crimes-567630411.html?ref=411, Dr. This facility was proffessional in the front but once they get you in, it's a different story. In July, 2020 Harden had his first court appearance to face two counts of object sexual penetration by force. Davidow would then place his hands beneath female patients undergarments and sexually abuse them by intentionally touching their intimate parts., The alleged victims ages in 2020 ranged from 10 to 26 and the abuse was alleged to have occurred over a period of at least 12 years. 11 November 2017: BuzzFeed News disclosed continuing allegations of patient assault and abuse at Hill Crest Behavioral Health Services in Alabama. A Nevada father has filed a lawsuit against a psychiatric hospital, alleging the facility prematurely discharged the mother of his child one week before she set a fire, killing herself and their 6-year-old boy. 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