L.A.B. v. P.N.

533 N.W.2d 413, 1995 Minn. App. LEXIS 843
CourtCourt of Appeals of Minnesota
DecidedJune 27, 1995
DocketNo. C6-95-105
StatusPublished
Cited by2 cases

This text of 533 N.W.2d 413 (L.A.B. v. P.N.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
L.A.B. v. P.N., 533 N.W.2d 413, 1995 Minn. App. LEXIS 843 (Mich. Ct. App. 1995).

Opinion

OPINION

HARVEY A. HOLTAN, Judge.

Appellant L.A.B. commenced a medical malpractice action against her former psychiatrist P.N. and her former psychiatric care clinic, respondent H.C. The clinic moved for summary judgment by reason of expiration of the two-year statute of limitations. See Minn.Stat. § 541.07(1). L.A.B. contended that her disability of insanity suspended running of the statutory limitation period. See Minn.Stat. § 541.15(a)(2). The trial court entered summary judgment in favor of the clinic, and L.A.B. appealed. We affirm.

FACTS

Respondent H.C. (the clinic) is an outpatient clinic that provides professional psychiatric services. Appellant L.A.B. sought therapy at the clinic for problems arising from sexual and emotional abuse she suffered as a child. P.N. was employed by the clinic as a psychiatrist until April 7,1992. She administered psychiatric care to L.A.B. from November 1989 to March 2, 1992.

During the course of L.A.B.’s treatment, she became physically and romantically attracted to P.N. P.N. explained to her that such attraction is a function of therapy resulting from “transference,” a process whereby a patient transfers to the psychiatrist emotions previously experienced with another person.

Approximately eight months after L.AB.’s final therapy session at the clinic, she and P.N. began a “very romantic and sexual relationship.” She promised P.N. that she would keep the relationship confidential. P.N. concealed L.A.B.’s identity from her husband [415]*415and children, and L.A.B. concealed P.N.’s identity from her partner. The clandestine and professionally unethical nature of the relationship eventually caused L.A.B. to experience anxiety.

L.A.B. terminated the relationship in August of 1993. She gradually became depressed and sought counseling. She began attending weekly sessions with therapist Ellen Luepker. Luepker asked L.A.B. if she wanted to file a complaint against P.N. L.A.B. replied on January 16 that she needed to resolve her problems “from within, not in the courts.” She contemplated reporting P.N. to the medical board, but did not want to breach her promise to P.N. to keep the relationship confidential.

Luepker testified by affidavit that transference inhibited L.A.B. from commencing an action because it caused her to assume responsibility for P.N.’s welfare, and caused her to experience guilt about “what she had done to P.N.” L.A.B. feared that filing a report would cause revocation of P.N.’s license to practice medicine, destroy her marriage, and tarnish her reputation within the medical community.

L.A.B.’s mental health deteriorated and she became suicidal. At the time, she was employed during the week as a chemical dependency counselor. She also worked as a family counselor during alternate weekends. Her weekly supervisor suggested that she take a leave of absence due to her mental condition. She began to receive outpatient group therapy on February 15. She decided not to enter inpatient psychiatric care for fear it may jeopardize her career or cause her to lose custody of her child.

L.A.B. attended outpatient therapy six hours per day for three weeks. A therapist reported on February 18 that L.A.B. contemplated filing a civil suit against P.N. to recoup financial losses caused by their relationship. The therapist also reported that L.A.B. felt professionally obligated to report P.N. to the medical board. L.A.B. arranged a meeting with P.N. and therapist Luepker to discuss whether P.N. would first self-report to the board.

Approximately one week later, L.A.B. drafted and filed an eight-page complaint with the medical board. The complaint describes her childhood problems, her therapy sessions with P.N., the progression of their relationship, her resulting emotional problems, and her reasons for reporting. She recounts her discussion with P.N. about transference, and acknowledges that she knew the relationship was professionally unethical.

When LA.B.’s outpatient therapy terminated on March 7, Luepker wrote that L.A.B. could return to her job and perform her duties. Her therapy report quotes L.A.B. as stating, “I’m not sure if I’m ready to decide to file legal charges or not, but I’m under time pressures because the statute of limitations is out at the end of the month.” According to her discharge from therapy report, she decided during therapy to consult an attorney to determine when the statute of limitations would expire.

L.A.B.’s complaint is dated April 11, 1994, and alleges that the clinic (1) negligently failed to supervise P.N., (2) failed to warn L.A.B. about problems with P.N., (3) breached an implied warranty of services, and (4) is vicariously liable. The trial court granted the clime’s summary judgment motion.

ISSUE

Did the trial court err in ruling as a matter of law that L.A.B.’s alleged mental disability is insufficient under section 541.15(a)(2) to suspend the running of the statute of limitations?

ANALYSIS

On appeal from summary judgment, we review the record to determine “(1) whether there are genuine issues of material fact and (2) whether the trial court erred in applying the law.” Oak Park Dev. v. Snyder Bros. of Minn., Inc., 499 N.W.2d 500, 504 (Minn.App.1993). We view the evidence most favorably to the party against whom summary judgment was entered. Offerdahl v. University of Minn. Hosp. & Clinics, 426 N.W.2d 425, 427 (Minn.1988).

[416]*416This court will not set aside the trial court’s factual findings unless clearly erroneous. Minn.R.Civ.P. 52.01. The trial court did not, however, issue separate factual findings in support of summary judgment. We may nevertheless affirm judgment in the absence of findings if “the record is reasonably clear and the facts not seriously disputed.” Bettes v. Fuel-Scott, 415 N.W.2d 409, 411 (Minn.App.1987) (quoting Roberson v. Roberson, 296 Minn. 476, 478, 206 N.W.2d 347, 348 (1973)).

The record is clear, and the facts are not seriously disputed. For purposes of this review, we accept as true L.A.B.’s version of the determinative facts. In reviewing legal conclusions based on undisputed facts, we independently apply the facts to applicable statutory language. City of St. Paul v. Spencer, 497 N.W.2d 305, 307 (Minn.App.1993), pet. for rev. denied (Minn. Apr. 20, 1993).

A malpractice action against a health care provider generally must be commenced ■within two years from the date such action accrues. Minn.Stat. § 541.07(1) (1992). P.N.’s final date of employment at the clinic was April 7, 1992. L.A.B.’s claims against the clinic would have necessarily arisen during her therapy at the clinic, which occurred between 1989 and March 1992. She did not commence the action until April 11, 1994, more than two years after the action accrued.

Running of the limitation period is suspended during periods of disability, such as “insanity.” Minn.Stat. § 541.15 (1992).

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Bluebook (online)
533 N.W.2d 413, 1995 Minn. App. LEXIS 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lab-v-pn-minnctapp-1995.