Farrow v. Health Services Corp.

604 P.2d 474, 1979 Utah LEXIS 956
CourtUtah Supreme Court
DecidedNovember 27, 1979
Docket15458
StatusPublished
Cited by11 cases

This text of 604 P.2d 474 (Farrow v. Health Services Corp.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farrow v. Health Services Corp., 604 P.2d 474, 1979 Utah LEXIS 956 (Utah 1979).

Opinions

GOULD, District Judge:

This is a malpractice action brought by appellant, Chester E. Farrow, against Health Services Corporation (owner and operator of the L.D.S. Hospital, Salt Lake City, Utah); Salt Lake Clinic, Louis J. Schricker, M.D., and Louis G. Moench, M.D.

Chester E. Farrow entered the L.D.S. Hospital as a patient of Dr. Louis J. Schricker on the 12th day of August, 1974. His initial diagnosis was that of cervical spondylosis. He was operated on for this condition on August 15, 1974. The operation was, evidently, a success. However, on returning from the recovery room, and later while a patient on the neurosurgical floor of the hospital, he became confused and disoriented, and suffered from hallucinations at times. When the condition persisted, appellant requested psychiatric help from Dr. Schricker. Dr. Schricker arranged for a consultation by Dr. Louis G. Moench. Dr. Moench saw appellant on the evening of August 23, 1974. Subsequent to that visit, and during the early morning hours of August 24, 1974, appellant broke the window of his room on the sixth floor of the hospital, jumped through the window, and landed on a roof above the first floor entrance of the hospital on the west side. As a result of the fall and injuries sustained by appellant, he was rendered permanently paralyzed and is now quadraplegic.

Appellant claims that the hospital and attending physicians were negligent in his care, treatment and control post-operatively, and that his accident would not have happened had appropriate measures of surveillance and control been taken by those responsible.

Respondents deny any negligence on their part, and allege further that appellant’s fall and injuries were caused by a suicide attempt.

Plaintiff, a geologist, while living at Moab, Utah, struck his elbow against the side mirror of his pickup truck. He sought the treatment of defendant Schricker for a resulting cervical spondylosis. Plaintiff [476]*476was admitted to the hospital operated by defendant Health Services Corporation (hereinafter HSC) at defendant Schricker’s order, with surgery contemplated. On August 15, defendant Schricker performed a discectomy and laminectomy on the plaintiff’s cervical spine. During the course of his recovery, plaintiff experienced both visual and auditory hallucinations.

These hallucinations persisted over the next several days, apparently leading one Kent Griffiths (a social worker employed by the hospital) to comment in the hospital progress notes on August 21:

Dr. Schricker! can we consider a psychiatric consult on this patient?

Two days later, defendant Schricker entered progress notes as follows:

Has asked for psychiatric help today for the first time. Neurologically he is doing quite well. Schricker.
Dr. Moench contacted and will see patient this evening. He is clear and well-oriented, seems happier today. Schricker.

Defendant Moench then saw the plaintiff at 7:00 p. m. and completed his examination and report about 8:00 p. m., commenting as follows:

2.Present episode is either a dissociative reaction or a paranoid schizophrenic reaction. His tension is very high; his anxiety .level very high; his distortion of reality may lead to acts of poor judgment. Suggest: 1. a phenothiazine med. in fairly large doses promptly (I’ll take the liberty of ordering.)
2. . . .
3. Repeated reassurance by direct nurse contact (nurse entering room, standing by bed, while talking.)
4. If aud. hallucinations don’t subside promptly, may have to move to 3 North for safety.
[Emphasis added.] [3 North is the psychiatric ward of the hospital.]

Defendant Moench thereupon ordered a dosage of 100 milligrams of a drug known as Mellaril, to be administered “stat,” meaning “right now.” The medication was not given until around 10:00 p. m. It is unclear whether 100 mg. or 50 mg. was given in the initial dosage. The nurse administering the medication first testified in deposition that she gave 50 mg., then changed her testimony to 100 mg., without assigning a reason therefor. The jump from the window occurred at about 2:40 a. m.

The testimony of one Sydney Walker, M.D., and one C. H. Hardin Branch, M.D., non-resident physicians, was taken prior to trial.

Upon these facts, defendant HSC and defendant Schricker moved for and obtained summary judgment in their favor. The case then proceeded to trial against defendant Moench, and a “no cause of action” verdict was returned in favor of defendant Moench. During the trial the deposition testimony of Sydney Walker, M.D., was offered by plaintiff, but the witness was not permitted to render any opinion as to standard of conduct. Furthermore, during this trial, the jury was instructed as follows:

If you find from a preponderance of the evidence that the plaintiff intentionally jumped from the window in an attempt to commit suicide, he is not entitled to recover from the defendants, and you must find against him, and for the defendants, no cause of action.

We will deal first with the trial resulting in the “no cause of action” verdict.

The duty of care generally owed by a physician to his patient is to exercise that degree of skill and learning ordinarily possessed and exercised, under similar circumstances, by other practitioners in his field of practice. He must use ordinary (ordinary for a physician) and reasonable care and diligence, and his best judgment, in applying his skill to his patient’s case. Dickinson v. Mason, 18 Utah 2d 383, 433 P.2d 663 (1967). This duty extends to caring for and protecting the patient in proportion to the physical and mental ailments of the patient known or discoverable to the doctor. The conduct of a specialist acting in a professional capacity is not compared [477]*477with that of the general practitioner; rather, his conduct is measured against that of other specialists in his field. The reasonable psychiatrist has received more training and has developed more skill in recognizing and treating mental conditions potentially leading to suicide than has the reasonable neurologic surgeon. The latter’s duty to recognize and treat mental illness is no greater as a general rule than any other neurosurgeon under the same or similar circumstances, and is not as great as the psychiatrist’s. In “The Liability of Psychiatrists for Malpractice” 36 U. of Pitts.L.Review 108, the author states:

In the psychiatrist-patient relationship there is an affirmative duty to prevent suicide. (Obviously, this duty arises only upon reasonable warning to the psychiatrist.) [Parentheses mine.]

Howard -Newcomb Morse,1 writing at 16 Buffalo L.Review 659, at page 655 states:

Psychiatrists, both as individual therapists and as owners or managers of .

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Farrow v. Health Services Corp.
604 P.2d 474 (Utah Supreme Court, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
604 P.2d 474, 1979 Utah LEXIS 956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrow-v-health-services-corp-utah-1979.