MacOn-bibb County Hospital Authority v. Appleton

181 S.E.2d 522, 123 Ga. App. 445, 1971 Ga. App. LEXIS 1258
CourtCourt of Appeals of Georgia
DecidedFebruary 9, 1971
Docket45616
StatusPublished
Cited by9 cases

This text of 181 S.E.2d 522 (MacOn-bibb County Hospital Authority v. Appleton) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacOn-bibb County Hospital Authority v. Appleton, 181 S.E.2d 522, 123 Ga. App. 445, 1971 Ga. App. LEXIS 1258 (Ga. Ct. App. 1971).

Opinions

Jordan, Presiding Judge.

1. "In the absence of anything to the contrary, every adult is presumed to possess ordinary intelligence, judgment, and discretion. Hendrix v. Vale Royal Mfg. Co., 134 Ga. 712 (68 SE 483).” Edwards v. Atlanta, B. & C. R. Co., 63 Ga. App. 212, 215 (10 SE2d 449). "Certainly, a man cannot heedlessly rush into grave peril of the existence of which he is perfectly aware, and then hold anyone else, whether negligent or not, responsible for the consequences.” City of Columbus v. Griggs, 113 Ga. 597, 598 (38 SE 953, 84 ASR 257).

The grave peril here involved would have been obvious to a normal adult, and the applicability of the foregoing principles to the present case depends upon whether the evidence of the mental condition of the plaintiff would support a jury determination that he was incapable of understanding the danger to which he sub[447]*447jected himself, and therefore not responsible for the consequences.

Although the plaintiff had undergone treatment as a mentally disturbed person, he had never been adjudged mentally incompetent. On the advice of his attending physician, a psychiatrist, he entered the hospital voluntarily on December 20, 1968. This physician diagnosed his condition at that time as "psychotic depressive reaction.” Explaining the condition in lay terms he stated that it "does not necessarily mean that a person cannot think. It simply has to do with his mood. It has to do with a deep depressed mood. I think many of us have experienced it to a slight degree on a Monday morning. What we call a 'blue Monday’ when you just feel bound. Well, this is an extension of this particular feeling to the point where the individual is really sick and can’t do for himself. He feels immobilized and feels perfectly miserable, but he can still think coherently and logically and reason.” This witness also testified that the patient’s electroencephalogram disclosed an abnormal wave pattern.

The plaintiff, age 28 at the time of trial in November, 1969, had been laid off in 1968 from his job as a welder. He testified that he began to experience the condition which caused him to seek psychiatric treatment because he was unemployed and because of the lack of money to pay hospital bills for his wife’s operation for the removal of her gall bladder, her inability to work, and things of that nature. While in the hospital from December, 1968, to January 14, 1969, he recalled receiving three or four shock treatments. According to his physician he actually received five of these treatments, commencing about January 1, 1969. He left the hospital on January 14, 1969, contrary to the advice of his physician. While out of the hospital he recalled going to Birmingham, Alabama, to pick up his daughter, who was living with friends, and he also remembered breaking up his guitar because he couldn’t play it.

On January 17, 1969, a traffic policeman of the City of Macon received a call to pick up a "demented” person at an apartment address. A "bluecoat” policeman arrived at the address moments before — "three or four car lengths” or "maybe twenty or twenty-five steps ahead.” The traffic policeman observed scattered clothes, furniture out of place, and a broken guitar with the neck sticking [448]*448out of the garbage can. The plaintiff, who was not at the apartment when the policemen arrived, returned about this time, accompanied by another person. The traffic policeman described the plaintiff as "wild-eyed.” In a conversation with the plaintiff this policeman suggested that the plaintiff go to the hospital. The plaintiff then said, "I done left the hospital. They won’t take me back.” After further conversation he said, "If you will take me, I will go, but I won’t go with nobody else.” The plaintiff then accompanied this policeman to the emergency room of the hospital voluntarily, without physical restraint and without untoward incident.

A hospital policeman at the emergency room of the hospital engaged the plaintiff in a conversation for about an hour, or an hour and a half. They walked together to the patient’s assigned room on the seventh floor of the hospital. This witness stated that the plaintiff was cooperative and rational, although the plaintiff did tell this witness that his wife was trying to put him away.

The nurse on duty in the psychiatric ward recalled first seeing the plaintiff on January 17 around 11 a.m. She had become acquainted with him when he was previously undergoing treatment in the hospital. He told her he was glad to be back and that he wanted help. In her words, "He seemed quite rational, very pleasant, very cooperative and he didn’t give us any trouble at all.” At 1 p.m. he accepted voluntarily a dosage of 200 milligrams of Thorazine, the dosage prescribed for him to receive three times daily. This medicine is elsewhere identified as a tranquilizer. The nurse completed her duty in the ward at 3 p.m., and the last time she saw the plaintiff before leaving he was all right.

The nurse who came on duty at 3 p.m. recalled that shortly after the change of shifts the plaintiff announced he was going to get out of the hospital, and that he made this statement more than once. In one of his statements he said he wanted to see a lawyer about getting another patient out of the ward because "he didn’t feel she was sick.” Although there is no court order in the evidence it appears that preceding his announced intention he had received information to the effect that because of a court order which his wife brought to the hospital he would not be permitted to leave the hospital voluntarily. During the afternoon he was al[449]*449lowed freedom of movement in the ward. He was originally placed in Room 710.

About 4 p.m., while the plaintiff was in this room, the nurse discovered that a security screen in the room was ajar and moved the plaintiff to Room 701. The only way the nurse knew that a security screen could be opened was by means of a key, which was kept locked up and was not available to patients. Suspecting that the plaintiff had opened the screen and that it might be defective, she conducted an investigation to determine the means used — "we went over it with a fine-tooth comb almost” — but nothing was found except a bent ashtray. She questioned the plaintiff and he denied opening the screen. He appeared calm and rational. Although he was allowed the freedom of the ward, measures were instituted to check on his presence every 10 or 15 minutes. One attendant was specifically instructed to check every 15 minutes, in addition to the nurse’s expressed intention of periodically checking. At the 6 p.m. medication period the plaintiff still asserted he was going to get out and refused to take his prescribed dosage of Thorazine. She called five attendants. The patient was sitting down and the five attendants were standing behind the nurse. He took the medicine orally. The dosage of 200 milligrams was a "rather large dose” but the plaintiff had a high tolerance. The plaintiff was calm after taking this medicine and made no further statements to this nurse about wanting to get out of the hospital. Around 8 p.m. this nurse saw him standing at the door of his room. He appeared to be calm. She glanced in his room to see if anything was in disarray. Some 15 minutes later she went down the hall to check on the plaintiff and discovered that the screen in his room was open and that he was gone.

The testimony of an attendant in the ward who came on duty at 3 p.m. is in substantial accord with that of the nurse on duty. The attendant was instructed to check on the patient every 15 minutes or less.

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MacOn-bibb County Hospital Authority v. Appleton
181 S.E.2d 522 (Court of Appeals of Georgia, 1971)

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Bluebook (online)
181 S.E.2d 522, 123 Ga. App. 445, 1971 Ga. App. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macon-bibb-county-hospital-authority-v-appleton-gactapp-1971.