Estate of Lacko ex rel. Griswatch v. Mercy Hospital, Cadillac

829 F. Supp. 2d 543, 2011 U.S. Dist. LEXIS 127040, 2011 WL 5301775
CourtDistrict Court, E.D. Michigan
DecidedNovember 3, 2011
DocketCase No. 11-12361
StatusPublished
Cited by3 cases

This text of 829 F. Supp. 2d 543 (Estate of Lacko ex rel. Griswatch v. Mercy Hospital, Cadillac) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Lacko ex rel. Griswatch v. Mercy Hospital, Cadillac, 829 F. Supp. 2d 543, 2011 U.S. Dist. LEXIS 127040, 2011 WL 5301775 (E.D. Mich. 2011).

Opinion

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS [5]

NANCY G. EDMUNDS, District Judge.

This matter comes before the Court on Defendant Mercy Hospital, Cadillac’s motion to dismiss for failure to state a claim and lack of subject matter jurisdiction, pursuant to FRCP Rules 12(b)(6) and 12(b)(1). Plaintiff Estate of Michael Shane Lacko alleges two counts in its Complaint against Defendant: (1) Defendant violated the Emergency Medical Treatment and Labor Act (“EMTALA”), and (2) Defendant committed medical malpractice.

Defendant argues that Plaintiff has failed to state a cause of action under EMTALA. Because Plaintiff brought the medical malpractice claim under pendant jurisdiction, Defendant argues that if the EMTALA claim is dismissed, the medical [546]*546malpractice claim should be dismissed for lack of subject matter jurisdiction.

For the reasons set forth below, Defendant’s motion to dismiss is GRANTED.

I. Facts

At 2:07am, on June 28, 2009, police officers brought Plaintiffs decedent Shane Lacko (“Lacko”) to Defendant Mercy Hospital’s emergency department. (Compl. ¶¶ 25, 91.) The police officers found Lacko in a park, where Lacko started to cry and told the officers that he had no place to sleep, was recently homeless, his ex-wife was not letting him see his son, and he was depressed. (Id. at ¶¶ 27, 88.) Lacko told police that he “was thinking about getting a hose and ending it all tonight.” (Id. at ¶¶ 14, 26, 89.) Police relayed this information to Defendant when they brought Lacko to Defendant’s emergency room. (Id. at ¶ 15.)

Lacko told Defendant that he had purposefully overdosed by taking an unknown amount of methadone for tooth pain at 1 pm on June 27, 2009 and that he had obtained the methadone from a friend. (Compl. ¶¶ 20, 28, 93.) Lacko also informed Defendant that he had a history of psychiatric illness, including depression and bipolar disorder. (Id. at ¶¶28, 93.) Lacko’s admitting diagnosis was depression. (Compl. Ex. A.) The initial emergency room report states that Lacko “took friend’s methadone for tooth pain, now nauseated. Also kicked out of house. Sleeping at van on the lake, brought in by police. He is not suicidal at this time.” (Compl. at Ex. E.) No specific psychiatric or mental health examination is documented as having been conducted. (Compl. at ¶ 94.)

Defendant’s records indicate that at admission Lacko was alert and his chief complaint was nausea. (Compl. Ex. E.) The admission face sheet also listed Lacko as disabled and on Medicaid of Michigan. (Compl. ¶¶ 12, 91.) At 2:33am, less than half an hour after arriving at the emergency department, Defendant gave Lacko 4mg of Zofran for nausea. (Id. at ¶ 95.) At 2:34am, Defendant took a urine sample from Lacko for drug testing. (Id. at ¶ 96.) At 3:30am, Defendant gave Lacko 2mg of Ativan because Lacko was “somewhat agitated and wanted something to help him sleep.” (Id. at ¶ 97; Compl. Ex. C.)

At 5:21 am, Lacko suffered respiratory arrest. (Compl. ¶ 97.) Lacko’s respiratory arrest responded to IV Narcan, an anti-narcotic drug. (Id. at ¶ 22.) After receiving the Narcan, Lacko awoke, became verbal, and his respiration returned back to normal. (Id. at ¶ 98; Compl. Ex. C.)

Defendant diagnosed Lacko with a narcotic overdose and Defendant’s emergency department’s plan was to “watch patient for a period of time and then medically clear to home.” (Compl. Ex. C.) Despite diagnosing Lacko with an intentional overdose, Defendant did not request or obtain tests that would reveal how much methadone Lacko ingested. (Compl. ¶¶ 20, 21, 23.) Plaintiff alleges that Defendant discharged Lacko without giving Lacko any treatment for his suicide attempt or suicidal ideation by not providing a consultation with a psychiatrist or evaluation of Lacko’s suicidal status prior to discharge. (Id. at ¶¶ 35, 38, 42.) Defendant’s emergency department report indicates that the psychiatric evaluation of Lacko determined that he was “oriented times three and he is not suicidal.” (Compl. Ex. C.)

Defendant discharged Lacko on June 28, 2009 at about 8:57am after Lacko ate breakfast. (Compl. ¶¶ 42,102.) Upon discharge, Defendant gave Lacko a standard form of “Patient Education Materials” for an intentional overdose, and these materials state:

[547]*547You have been evaluated and treated for taking a drug or chemical product with the intention of harming yourself ... an intentional overdose is usually a sign of depression or excessive anger at yourself or another person. In order to reduce the risk of harming yourself, we advise that you have an evaluation by a psychiatrist.

(Compl. ¶ 105; Compl. Ex. F.) On the discharge form, Defendant provided the toll-free number for the Third-Level Crisis Center and indicated that Lacko should follow up with them on June 28, 2009, the same day he was discharged. (Compl. Ex. F.) Defendant further advised Lacko to follow up with Dr. Dominic Kiomento, M.D. in 2-4 days. (Compl. ¶ 106.) Additionally, the discharge instructions state, “If you are being discharged home, you must stay with a responsible adult until you are evaluated by a psychiatrist. If you are being discharged for immediate evaluation at a psychiatric hospital or clinic on a voluntary basis, you must go directly there in the company of a responsible adult.” (Id.)

No responsible adult accompanied Lacko out of the hospital or to the crisis intervention center. (Id. at ¶ 107.) Plaintiff alleges that Defendant discharged Lacko without contacting any family members, without any treatment of his suicidal ideation, and without being provided any crisis intervention. (Id. at ¶¶ 33, 34.) Defendant had the means and an established procedure for placing patients on a legal 72-hour psychiatric hold if necessary. (Id. at ¶ 40; Compl. Ex. G.)

Police found Lacko’s body in his van at 11:27pm on June 30, 2009, two and a half days after he was released from Defendant’s emergency room. (Compl. ¶¶ 49, 109.) In his report, the officer that found Lacko stated that it appeared that Lacko had been in that position “for quite some time.” (Compl. ¶¶ 49,110; Compl. Ex. H.) The Supplemental Report for a Pending Certificate of Death indicates that Lacko committed suicide at 8:00pm on June 30, 2009 by taking “an overdose of methadone.” (Compl. Ex. I.) The cause of Lacko’s death was determined to be methadone intoxication associated with bilateral pneumonia. (Compl. ¶ 46.)

II. Motion to Dismiss Standard

A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) tests the sufficiency of a complaint. In a light most favorable to the plaintiff, the court must assume that the plaintiffs factual allegations are true and determine whether the complaint states a valid claim for relief. See Albright v. Oliver, 510 U.S. 266, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994); Bower v. Fed. Express Corp., 96 F.3d 200, 203 (6th Cir.1996).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
829 F. Supp. 2d 543, 2011 U.S. Dist. LEXIS 127040, 2011 WL 5301775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-lacko-ex-rel-griswatch-v-mercy-hospital-cadillac-mied-2011.