Senior Trial Partner, John J. Barbera, and Senior Associate, Christopher J. Daniel, obtained a defense verdict in Orange County Supreme Court, in a case involving allegations of improper discharge by MCB's client, a psychiatrist, after a very cursory psychological examination, from the emergency department of MCB’s client hospital after the plaintiff presented to the hospital with suicidal ideation. The plaintiff further alleged the hospital’s employees did not follow protocol in discharging the plaintiff. Plaintiff argued that the aforementioned departures caused him to jump from an overpass onto a highway near the hospital shortly after discharge.
During the trial, Mr. Barbera established through his cross-examination of the plaintiff's expert psychiatrist that there were no indications for admission of the plaintiff to the hospital and that the plaintiff’s feelings of suicidal ideation had dissipated during the emergency department presentation, which is consistent with the plaintiff’s diagnosis of Borderline Personality Disorder. Mr. Barbera was also able to establish that in light of the extensive history between the client and the plaintiff through years of treatment, he had enough information to make an informed decision to discharge the plaintiff from the hospital. During plaintiff’s cross-examination, it was established that even after he was discharged, he did not have any intention of killing himself. On cross-examination of not only the plaintiff, but also his aunt, Mr. Barbera and Mr. Daniel established that following the plaintiff’s discharge, in a phone call to his aunt, he felt rejected since he was no longer welcome in her home and could not find housing elsewhere, which caused him to attempt to take his own life.
Mr. Barbera was able to establish through the testimony of MCB’s client and defense expert that the discharge plan was proper, as it would allow the plaintiff to continue his outpatient treatment with his psychiatrist in the community, which is the standard of care for the treatment of patients with Borderline Personality Disorder. It was, therefore, appropriate for the hospital to discharge the plaintiff.
After deliberating for a mere three hours, the jury rendered a defense verdict.