Alello v. Smith

641 So. 2d 664, 1994 WL 393097
CourtLouisiana Court of Appeal
DecidedJuly 26, 1994
Docket94-CA-103
StatusPublished
Cited by14 cases

This text of 641 So. 2d 664 (Alello v. Smith) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alello v. Smith, 641 So. 2d 664, 1994 WL 393097 (La. Ct. App. 1994).

Opinion

641 So.2d 664 (1994)

John O. ALELLO, Sr. and Todd Alello
v.
Wallace H. SMITH, II, M.D., et al.

No. 94-CA-103.

Court of Appeal of Louisiana, Fifth Circuit.

July 26, 1994.

*665 Charles R. Moore, Marjorie A. McKeithen, Moore, Walters, Shoenfelt & Thompson, Baton Rouge, for plaintiffs/appellants.

Elaine W. Selle, Locke, Purnell, Rain, Harrell, Stephanie M. Lawrence, Margaret Diamond, Jayne Friedland, McGlinchey, Stafford, Lang, ALC, New Orleans, for defendants/appellees.

Before BOWES, DUFRESNE and WICKER, JJ.

WICKER, Judge.

This is a psychiatric malpractice suit by a former patient (Todd Alello) and his father (John Alello, Sr.), against River Oaks Hospital and Dr. Wallace Smith, Todd's treating psychiatrist. The plaintiffs alleged that Todd's 2½ year hospitalization at River Oaks for long-term intensive psychotherapy under the care of Dr. Smith aggravated rather than alleviated Todd's drug/alcohol problems, his sexual confusion and his social maladjustment. Further, plaintiffs contended that the extended use of physical restraints rather than medication to control Todd's psychotic behavior during the early months of his hospitalization was below the standard of care for treatment of his paranoid schizophrenia. Finally, plaintiffs assert that defendants deliberately prolonged Todd's hospitalization unnecessarily in order to exhaust his insurance benefits.

*666 After a 10-day trial, the jury rendered a verdict in favor of the defendants, finding that neither Dr. Smith nor River Oaks Hospital had failed to comply with the applicable standards of care. Plaintiffs have appealed. We affirm, finding no manifest error.

FACTS

Todd Alello is the youngest of five children in a loving but chaotic and disorganized family. Todd's mother developed a serious alcohol problem when Todd was very young; she became emotionally withdrawn and depressed. At some time during his early years Todd witnessed his mother engaging in sexual behavior in the home with men other than his father. She was hospitalized several times for alcohol treatment and/or attempted suicide.

Todd began using marijuana at the age of 14. His use of illegal drugs increased as he grew older; by 1981 he was smoking eight to ten marijuana cigarettes daily and occasionally using other "street drugs" (including Quaalude, PCP, THC, and Valium). He left high school in the tenth grade. According to information in the medical record, all of Todd's siblings used drugs at one time or another.

On April 15, 1981 Todd (then 17) was brought by family members to Parkland Psychiatric Pavilion of Doctors Memorial Hospital in Baton Rouge. He was in a psychotic state—violent, screaming and hallucinating. He was admitted under the care of Dr. Joseph Manson and was treated with antipsychotic medication (also known as psychotropic or neuroleptic drugs). He was discharged on May 11, 1981 with a discharge diagnosis of "acute schizophrenic reaction." On May 26, 1981 Todd was readmitted to Parkland, again in a psychotic state. He again was treated with psychotropic medication and was discharged on June 14, 1981 with a discharge diagnosis of "schizophrenia, simple type." On June 29, 1981 he again was admitted to Parkland in a psychotic state, and stayed through July 26, 1981. During this hospitalization Dr. Manson tried several different psychotropic drugs. The discharge diagnosis this time was "schizophrenia, undifferentiated type."

On each of those discharges from Parkland Todd had been given instructions for follow-up treatment that included seeing Dr. Manson on an outpatient basis, continuing his medication, and ceasing use of street drugs. Each time he failed to continue outpatient treatment with the doctor, discontinued his medication, and returned to using drugs.

On October 13, 1981, Todd was admitted to Greenwell Springs Hospital for treatment in a substance abuse program. Greenwell Springs discharged him eight days later, however, on the basis that Todd was an unsuitable candidate for the substance abuse program because his underlying emotional problems had not been addressed.

On August 5, 1982 Todd was readmitted to Parkland Hospital, in an acutely psychotic state, and was given trials on various psychotropic medications, none of which proved completely effective at controlling his psychotic behavior. During the course of that stay he was placed in restraints on two occasions. Eventually Dr. Manson decided that the treatment program at Parkland was not working for Todd and that he needed long-term residential treatment. He recommended to the Alellos that Todd be moved to a different psychiatric hospital and recommended several.

Mr. and Mrs. Alello selected River Oaks Hospital, which is located in New Orleans, as being the closest of the hospitals mentioned by Dr. Manson. Accordingly, on October 11, 1982 Todd was discharged from Parkland, with a discharge diagnosis of "schizophrenia, paranoid type," and was transferred to River Oaks.

During each of his hospitalizations at Parkland, Todd displayed certain characteristics and behaviors which he also later manifested at River Oaks. These included psychotic episodes in which Todd had hallucinations and delusions (e.g., stating he was Christ); intolerance of criticism from other people; preoccupation with females and sexual matters, and display of inappropriate sexual behavior; belligerence and/or violence to himself and others; suspicion and distrust of others; and inability to maintain appropriate relationships with others.

*667 Todd was admitted to River Oaks by Dr. Wallace Smith, who immediately discontinued Todd from all psychotropic medication, while tapering off the medication Todd was taking to counteract the side-effects of the psychotropic drugs. Dr. Smith also ordered a battery of physical and psychological tests for Todd in order to make an objective diagnosis of Todd's problems. After the testing was completed, Dr. Smith's diagnosis of Todd was "schizophrenia, paranoid," and "multiple drug and alcohol use and abuse." Dr. Smith discussed with Todd's parents his diagnosis and the need for long-term therapy, and advised them that such treatment would take approximately a year-and-a-half to two years. At the time Dr. Smith's sole treatment method was long-term intensive psychiatry (LTIP).

After the psychotropic medication was discontinued, Todd's psychosis became florid; his behavior was violent and uncontrollable. Within three days of the River Oaks admission, Dr. Smith found it necessary to place Todd in restraints; the use of restraints continued for the next 13 days. Approximately ten days later, it was again found necessary to employ restraints, which continued for 45 days. Thus, out of the first 72 days of Todd's hospitalization at River Oaks, he was in restraints for 58 days. The restraints involved were, variously, leather wrist and/or ankle restraints; a control chair (in which the patient is in a sitting position, strapped at the wrists, ankles and torso); or a control bed (in which the patient is strapped in a reclining position, with a sheet tightly tucked over him).

Shortly after Todd was admitted to River Oaks, he wanted to leave, but he was kept in the hospital by issuance of a physician's emergency certificate and a coroner's commitment. Subsequently Todd's parents obtained a judicial commitment to keep him at the hospital. The judicial commitment expired in December 1983; thereafter Todd remained at River Oaks voluntarily.

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Cite This Page — Counsel Stack

Bluebook (online)
641 So. 2d 664, 1994 WL 393097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alello-v-smith-lactapp-1994.