Providence Health Center v. Dowell

262 S.W.3d 324, 51 Tex. Sup. Ct. J. 935, 2008 Tex. LEXIS 502, 2008 WL 2154093
CourtTexas Supreme Court
DecidedMay 23, 2008
Docket05-0386, 05-0788
StatusPublished
Cited by46 cases

This text of 262 S.W.3d 324 (Providence Health Center v. Dowell) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Providence Health Center v. Dowell, 262 S.W.3d 324, 51 Tex. Sup. Ct. J. 935, 2008 Tex. LEXIS 502, 2008 WL 2154093 (Tex. 2008).

Opinions

Justice HECHT

delivered the opinion of the Court,

in which Justice BRISTER, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined. NATHAN L. HECHT, Justice.

Twenty-one-year-old Lance Dowell was taken to the emergency room and treated for a superficial, self-inflicted cut on his left wrist. Distraught over losing his girlfriend, he had been threatening to kill himself earlier, but he had calmed down and did not want to be hospitalized. He was released on his promises that he would not commit suicide, would stay with his parents, and would go to the local Mental Health and Mental Retardation center for a follow-up assessment. His mother, a registered nurse, was with him and did not object to his release. He went to a family reunion and to a rodeo with his brother, repeatedly assuring his mother that he was okay. His mother and brother believed him, and no one else reported anything unusual in his behavior. But thirty-three hours after his release, he hanged himself. Lance’s parents now contend that his tragic death was proximately caused by the negligence of the emergency room physician and nurse in releasing him. We hold that any connection between his release and death is too attenuated for proximate cause. Accordingly, we reverse the judgment of a divided court of appeals 1 and render judgment for petitioners.

Friday evening before Labor Day 1997, Lance took three or four Tylenol sinus capsules with a shot of whiskey and used his pocket knife to cut his wrist. The cut was about three centimeters long and two millimeters deep. A police officer and deputy sheriff called to the scene found him sitting alone in the living room of his [326]*326parents’ house on their farm near Teague, Texas. Lance was not bleeding, but there was blood on the porch and in the living room. While the officers tried to enter through the back door, Lance crawled out a window and hid in the woods nearby. Larry, his older brother, arrived to wait for his return, and the officers left.

About an hour and a half later, Lance returned. He was distraught because the parents of his sixteen-year-old girlfriend had told him to stay away from her. Lance told Larry to leave him alone and let him “finish it”. Earlier that week, Lance had alarmed his girlfriend by telling her he had taken “some pills”, and she had called his mother, Carolyn, in Waco (about 55 miles west of Teague). Lance told his mother that he had only taken a few Advil, and Carolyn checked his vital signs and found them normal. She insisted he drink plenty of water but sought no treatment for him. But in the early hours of Saturday morning, Larry thought Lance was serious and called the officers back out to the house.

Lance was saying he would kill himself if everybody left, so the deputy sheriff took him into custody, as permitted by Texas law,2 and drove him to respondent Providence Health Care’s emergency room in Waco. Lance was agitated at first but calmed down during the hour-and-fifteen-minute drive, and did not talk a lot. He was no longer saying he wanted to kill himself. They arrived at the ER at 6:47 a.m.

Lance had been there before. When he was 19, another girlfriend threatened to leave him, and he went out in the pasture and put a gun to his head. He surrendered the gun without incident, and a deputy sheriff drove him from Teague to Providence’s ER. Though he was detained under an emergency warrant,3 he consented to being admitted for treatment at respondent DePaul Center, Providence’s psychiatric treatment division. He was discharged five days later and instructed to obtain counseling from the local Mental Health and Mental Retardation center, but he never did.

On this second visit, Lance was examined by a DePaul nurse, Mary Theresa Fox, and by the ER physician, respondent James C. Pettit, who sutured his cut. Pet-tit and Fox talked with Lance very briefly, and neither made a comprehensive assessment of his risk of suicide. Carolyn arrived, and Lance told her he did not want to be kept there. He told Fox he was not suicidal and did not want to be admitted to DePaul. Because he was an adult, he could not be held involuntarily for more than the holiday weekend without a court order.4 Fox agreed to release him if he [327]*327would sign a no-suicide contract (part of the standard treatment in such situations), go to the MHMR center for assessment the following Tuesday, and promise to stay with his family until then. Lance told Fox he would stay with his family and signed the contract, agreeing to talk with a friend, family member, or a staff person at De-Paul if he had feelings or urges to hurt or to kill himself he felt he could not control. Carolyn had concerns about Lance’s being released but did not voice them. He was discharged at 9:32 a.m.

Later Saturday morning, Carolyn drove Lance and his sister to a weekend family reunion at Lake Limestone (about 20 miles south of Teague), where, in her words, “there would be a lot of people around who loved [Lance]”. Lance’s father, Jimmy, was already there. Carolyn told him what had happened and that they “needed to keep a real close eye on Lance”. Jimmy was retired under a long-term disability and had been hospitalized in the past for mental health problems.5 Carolyn knew from reading the ER discharge sheet that Lance had been instructed to stay with his family until he could be seen and assessed by a counselor, and she was concerned about leaving Lance with Jimmy while she returned to Waco to work, but she knew there would be other family members around. Lance kept telling her he would be okay.

Larry was at the reunion, too, and he told Lance they should talk if Lance had a problem. To “keep his spirits up”, Larry took Lance to a rodeo Saturday night. Lance talked with Mends, and Larry saw nothing in his behavior to cause concern. After the rodeo, Larry drove to the farm, and Lance went aloné in his pickup to see a Mend. Larry did not know someone was supposed to stay with Lance at all times, and anyway, as he said, “21-year-old guys do sometimes what they want”. Lance got to the farm about 2:00 a.m. and went to bed.

Sunday morning Larry and Lance slept in, then went back to the reunion for lunch. Carolyn called Lance after she got off work, and he told her not to worry, that he would be okay. Larry left Sunday afternoon after Lance agreed to join him at a cousin’s party that evening. Lance stayed to help his father, but later he drove to the farm to help a family Mend bale hay. When Carolyn called late Sunday afternoon, Jimmy told her where Lance had gone, and she felt okay because he would not be alone. Carolyn and Larry both testified that if they had seen or heard of anything unusual in Lance’s behavior during the weekend, they would immediately have sought care for him.

About 7:00 p.m., the Mend Lance had gone to help found his body hanging in a tree at the farm. In his pickup, parked nearby, a girl’s picture was on the steering wheel and Lance’s picture was on the driver’s seat.

Almost two years later, Jimmy and Carolyn brought this wrongful death and survival action against Providence, DePaul, and Pettit. The jury found that the defendants’ negligence caused Lance’s death, [328]*328allocated responsibility 40% to Providence, 40% to DePaul, and 20% to Pettit, and assessed damages of $400,000 for the Do-wells and $400,000 for Lance’s estate.

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Bluebook (online)
262 S.W.3d 324, 51 Tex. Sup. Ct. J. 935, 2008 Tex. LEXIS 502, 2008 WL 2154093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/providence-health-center-v-dowell-tex-2008.