Pryatel v. M.M.

2005 ND 219, 707 N.W.2d 78, 2005 N.D. LEXIS 257
CourtNorth Dakota Supreme Court
DecidedDecember 20, 2005
DocketNo. 20050399
StatusPublished
Cited by20 cases

This text of 2005 ND 219 (Pryatel v. M.M.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pryatel v. M.M., 2005 ND 219, 707 N.W.2d 78, 2005 N.D. LEXIS 257 (N.D. 2005).

Opinions

VANDE WALLE, Chief Justice.

[¶ 1] M.M. appealed a district court order requiring him to be hospitalized at the North Dakota State Hospital for a period not to exceed 45 days and an order authorizing the state hospital to treat him involuntarily with medication. We affirm.

I

[¶ 2] M.M., a 55-year-old male, has been diagnosed with a “psychotic disorder not otherwise specified.” M.M. was admitted to Trinity Hospital in Minot, North Dakota after he was unable to urinate. Doctors at Trinity determined kidney stones were the cause of M.M.’s inability to urinate. M.M. refused surgery to have the kidney stones removed.

[¶ 3] Trinity hospital staff found M.M. was displaying grandiose delusions. M.M. told Trinity hospital staff he speaks numerous languages, his brothers include George Bush and President Clinton, he has a son who is a general in charge of all the missiles, and M:M. gets information beamed to him from the offshore military missiles. M.M. also made odd statements saying he was red, green, and orange. A psychiatric consultant filed a Petition for Involuntary Commitment based on statements made by M.M. that were termed delusional and psychotic. M.M. was sent to the state hospital.

[¶ 4] M.M. did not undergo surgery for the kidney stones. M.M.’s condition was treated without surgery and he is able to urinate.

[¶ 5] Upon entering the state hospital, M.M. told Dr. Pryatel he was a grey ghost, involved with military intelligence, and a stunt man. M.M. claimed he was Jackie Gleason’s kid on television, that Lee Majors is M.M.’s stunt coordinator, and that M.M. was in China for an e-coli break out.

[¶ 6] Dr. Pryatel testified the state hospital believes M.M. is homeless, panhandles for money, and tries to hitchhike around the United States. At the state hospital, M.M. has been feeding himself and maintaining his own personal hygiene. Dr. Pryatel testified M.M.’s kidney stone condition presents a potential serious health risk that will come back and harm M.M. if it goes untreated. Dr. Pryatel testified there are no other treatment options that are available or appropriate for M.M.’s condition. Dr. Pryatel testified he doesn’t believe M.M. is able to maintain himself in society, he doesn’t believe M.M. would “last long” in a homeless shelter because of the types of statements he makes, and he doesn’t believe M.M. is able to manage his medical problems.

[80]*80[¶ 7] M.M. testified he does not think medication is necessary and he was doing fine on his own. M.M. testified he refused surgery because he did not have any prior problems, he thought he should think about it, he could go to another hospital if necessary, and he did not think his condition was life-threatening. M.M. testified he was in North Dakota trying to get a job but testified he would leave North Dakota if released from the' state hospital. M.M. testified he has not had any thoughts of hurting himself or others and he has never been diagnosed with mental illness in the past. M.M. testified any statements he made that sounded delusional were made because he was in extreme pain. He testified he is not George Bush or Bill Clinton’s brother, he has done stunts, and he can speak Chinese and Russian. He also testified he believes he has a son in the military but he is somewhere in the Middle East. M.M. also testified he was a U-operator in 1971 and is familiar with “SAT operations and city SAT operations and U-operations, state, federal, ships.” M.M. also testified he has never been shown any proof, such as x-rays, of the kidney stones.

[¶ 8] The trial court found M.M. was delusional based on the delusional statements M.M. made. The trial court found M.M. was a person requiring treatment because M.M. had a medical condition that was potentially life-threatening if left untreated and M.M.’s mental health precluded him from making a rational decision on medical treatment. The trial court found hospitalization and medication was the least restrictive alternative treatment because M.M. did not have a home where he could be sent to be treated. The trial court ordered M.M. to be hospitalized at the state hospital for 45 days where he would be treated with medication, involuntarily if necessary, for his mental illness. M.M. argues he is not mentally ill, he is not a person requiring treatment, and involuntary hospitalization and treatment with medication is not the least restrictive alternative treatment.

II

[¶ 9] “Before the trial court can issue an involuntary treatment order, the petitioner must prove by clear and convincing evidence that the respondent is a person requiring treatment.” Interest of D.Z., 2002 ND 132, ¶ 6, 649 N.W.2d 231; N.D.C.C. § 25-03.1-20; N.D.C.C. § 25-03.1-07. To prove that the respondent is a person requiring treatment, as defined under N.D.C.C. § 25-03.1-02(12), “the petitioner must prove by clear and convincing evidence the person is mentally ill and there is a reasonable expectation that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.” Interest of D.Z., 2002 ND 132, ¶ 6, 649 N.W.2d 231. “The trial court’s decision must be based upon clear and convincing evidence, while this Court reviews the trial court’s findings under a more probing clearly erroneous standard of review.” Id. at ¶ 6. Under this more probing standard, “we will affirm an order for involuntary treatment unless it is induced by an erroneous view of the law or if we are firmly convinced it is not supported by clear and convincing evidence.” See Interest of P.B., 2005 ND 201, ¶ 5, 706 N.W.2d 78 (quoting Interest of J.S., 530 N.W.2d 331, 333 (N.D.1995)).

[¶ 10] The trial court’s decision was not induced by a clearly erroneous view of the law. There is ample evidence in the record showing M.M. is suffering from mental illness. Throughout the course of his treatment at Trinity and the state hospital, M.M. has made multiple statements leading doctors to conclude he is suffering from mental illness. At the involuntary treatment hearing, Dr. Pryatel [81]*81testified it is his opinion M.M. is mentally ill. Dr. Pryatel testified M.M.’s speech was rambling and disorganized and M.M. displayed signs of paranoid type schizophrenia but Dr. Pryatel does not have enough history at this point to determine if M.M. is schizophrenic. There is evidence to support the trial court’s findings even though M.M. may have appeared rational when testifying at the involuntary treatment hearing.

[¶ 11] M.M. argues he is not a person requiring treatment because he does not pose a serious risk of harm to himself, others, or property. At the involuntary treatment hearing, Dr. Pryatel testified M.M. refused doctors’ recommendations to surgically treat his kidney stones, which would be the proper treatment for such a condition. Expert medical testimony provides that M.M.’s kidney condition will eventually result in renal failure or other life-threatening conditions if left untreated. Although a person has a right to refuse medical treatment the decision to refuse that treatment should be made when the person is not mentally ill. Because of his mental illness, M.M. is not able to make a rational decision regarding treatment of his kidney condition and poses a serious risk of harm to himself if a rational treatment decision cannot be made. “When one or more reasonable inferences can be drawn from credible evidence, this Court must accept the inferences drawn by the trial court.” Interest of D.Z.,

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Bluebook (online)
2005 ND 219, 707 N.W.2d 78, 2005 N.D. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pryatel-v-mm-nd-2005.