Fleming v. Louisiana Psychiatric Co.

878 So. 2d 691, 2004 WL 1344991
CourtLouisiana Court of Appeal
DecidedMay 19, 2004
DocketNos. 2003-CA-1761, 2003-CA-2157
StatusPublished

This text of 878 So. 2d 691 (Fleming v. Louisiana Psychiatric Co.) 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
Fleming v. Louisiana Psychiatric Co., 878 So. 2d 691, 2004 WL 1344991 (La. Ct. App. 2004).

Opinion

| ROLAND L. BELSOME, Judge.

This appeal arises out of a medical malpractice claim. The trial court granted a Motion for Summary Judgment in favor of the defendant, dismissing the plaintiffs action with prejudice. For the reasons assigned, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On December 23, 1997, plaintiff/appellant, Sheldon Fleming (“Fleming”), filed a medical malpractice complaint against defendant/appellee, University Healthcare System, L.C., d/b/a DePaul/Tulane Behavioral Health Center, f/k/a Louisiana Psychiatric Company, Inc., d/b/a Columbia DePaul Hospital (“DePaul”), for alleged medical malpractice stemming from Fleming’s hospitalization from December 4, 1996 thorough December 20,1996. Specifically, Fleming’s action maintained that he was held against his will at DePaul for sixteen (16) days.

On August 29, 2001, the Medical Review Panel convened and determined that the evidence did not support the conclusion that DePaul failed to meet the applicable standard of care as charged. The panel further found that DePaul’s conduct was not a factor in causing any injuries and related damages allegedly sustained by Fleming. The panel made the following findings:

121) The evidence showed adequate reasons for Fleming’s hospitalization;
2) Fleming had a history of mental illness;
3) Fleming was refusing to take his required medications; and
4) Both the physician’s emergency certificate and the coroner’s emergency . certificate describe sufficient reasons for an involuntary admission.

Fleming filed a Petition for Medical Malpractice on December 3, 2001. On February 4, 2002, DePaul filed a Motion for Summary Judgment, arguing that based on the record and on the affidavits submitted, no genuine issues of material fact existed. On May 12, 2003, the trial court granted DePaul’s Motion for Summary Judgment, dismissing Fleming’s action with prejudice. Fleming has filed this timely appeal in proper person.

ARGUMENT

There are no specific assignments of error presented in this appeal. Fleming argues, however, that he was brought to DePaul Hospital due to an illegal Request and Order for Protective Custody. Particularly, Fleming asserts that the two people responsible for the order being issued were his ex-wife and her companion. As to the allegations against DePaul, Fleming submits that: 1) DePaul took advantage of an opportunity to collect on his medicare insurance; 2) DePaul lied to him; 3) De-Paul did not post patient rights; and 4) the illegal detainment interrupted his life, and he was damaged thereby.

[693]*693In opposition to this appeal, DePaul maintains that the evidence submitted to the trial court in support of the Motion for Summary Judgment clearly indicates that there was no deviation from the applicable standards of care, treatment and hospitalization rendered to Fleming. Specifically, DePaul contends that Fleming 13was properly admitted to the hospital by virtue of an Order for Protective Custody; he was then evaluated by two physicians, after which the appropriate Physician’s Emergency Certificate and Coroner’s Emergency Certificate were issued authorizing his admission for treatment; and, following a successful course of care and treatment, he was discharged within fifteen (15) days of admission by Emergency Certificate, as required by law.

In support of the Motion for Summary Judgment, DePaul submitted the following to the trial court:

1) Affidavit of Dudley M. Smith, Jr., M.D., psychiatrist on the medical review panel;
2) Medical Review Panel Opinion;
3) Affidavit of William J. Paradine, R.N., employed by DePaul. Attached to the affidavit are copies of all Patient Rights documents provided to Fleming;
4) Affidavit of Carolyn Wiley, L.C.S.W., employed by DePaul. Attached to the affidavit is a copy of the Patient Rights information posted at DePaul;
5) Affidavit of Gwen Doherty, R.H.I.A., employed by DePaul. Attached to the affidavit is the following:
a. Request and Order for Protective Custody;
b. Physician’s Emergency Certificate prepared by the examining psychiatrist, C.R. Freed, M.D.;
c. Flemings’ medical records while at DePaul.

LAW AND DISCUSSION

Appellate courts review a summary judgment de novo, using the same criteria applied by the trial courts to determine whether the summary judgment is ^appropriate. Independent Fire Ins. Co. v. Sunbeam Corp., 99-2181, 99-2257, (La.2/29/00), 755 So.2d 226, 230. The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of actions. Two Feathers Enterprises v. First National Bank, 98-0465 (La.App. 4 Cir. 10/14/98), 720 So.2d 398, 400. The procedure is favored and shall be construed to accomplish these ends. La. C.C.P. art. 966(A)(2).

Pursuant to La. C.C.P. art. 966, the initial burden of proof remains on the mover to show that no genuine issue of material fact exists. After the mover has met its initial burden of proof, the burden shifts to the non-moving party to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden at trial. Oakley v. Thebault, 96-0937 (La. App. 4 Cir. 11/13/96), 684 So.2d 488. If the non-moving party fails to meet this burden, there is no genuine issue of material fact, and the mover is entitled to summary judgment. Schwarz v. Administrators of Tulane Educational Fund, 97-0222 (La. App. 4 Cir. 9/10/97), 699 So.2d 895. A motion for summary judgment is properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact, and that the mover is entitled to judgment as a matter of law. La. C.C.P. art. 967.

After a thorough review of the record, we find that DePaul’s Motion for Summary Judgment was well documented. We further find that Fleming failed to refute any [694]*694of the evidence submitted in support of the Motion for Summary Judgment.

DePaul adhered to all legal requirements concerning a patient presented to the hospital pursuant to a Order for Protective Custody. Specifically, La. R.S. 28:51 required DePaul to receive Fleming. The statute states in pertinent part:

LA. The director of a treatment facility, subject to the availability of suitable accommodations, shall receive for observation, diagnosis, care, and treatment, any person whose admission is authorized under any of the procedures provided for in R.S. 28:52 through R.S. 28:54 [which includes R:S. 28:53.2- — an Order for Protective Custody] and R.S. 28:64. (Emphasis Supplied).

Within twelve hours of his admission, Fleming was examined by Psychiatrist, C.R. Freed, M.D. In connection with that examination, Dr. Freed prepared a Physician’s Emergency Certificate, wherein he indicated that Fleming was dangerous to himself and others, gravely disabled, and in need of immediate psychiatric treatment. La. R.S. 28:53, regarding admission by Emergency Certificate, provides in pertinent part, as follows:

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Related

Edwards v. Raines
799 So. 2d 1184 (Louisiana Court of Appeal, 2001)
Schwarz v. ADMINISTRATORS TUL. EDUC. FUND
699 So. 2d 895 (Louisiana Court of Appeal, 1997)
Independent Fire Ins. Co. v. Sunbeam Corp.
755 So. 2d 226 (Supreme Court of Louisiana, 2000)
Two Feathers Enterprise v. First Nat. Bank
720 So. 2d 398 (Louisiana Court of Appeal, 1998)
Oakley v. Thebault
684 So. 2d 488 (Louisiana Court of Appeal, 1996)
Pfiffner v. Correa
643 So. 2d 1228 (Supreme Court of Louisiana, 1994)
Pierre-Ancar v. Browne-McHardy Clinic
807 So. 2d 344 (Louisiana Court of Appeal, 2002)

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Bluebook (online)
878 So. 2d 691, 2004 WL 1344991, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-louisiana-psychiatric-co-lactapp-2004.