Wall v. Fairview Hospital & Healthcare Services

584 N.W.2d 395, 1998 Minn. LEXIS 552
CourtSupreme Court of Minnesota
DecidedAugust 27, 1998
DocketCX-96-1137, C1-96-1138
StatusPublished
Cited by28 cases

This text of 584 N.W.2d 395 (Wall v. Fairview Hospital & Healthcare Services) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wall v. Fairview Hospital & Healthcare Services, 584 N.W.2d 395, 1998 Minn. LEXIS 552 (Mich. 1998).

Opinions

OPINION

PAUL H. ANDERSON, Justice.

Respondents Sandra Slavik and Ruth Kay Wall suffer from multiple personality disorder, now known as dissociative identity disorder (DID). Slavik and Wall sued and won judgments against their psychiatrist, Dr. William Routt, for violations of the Vulnerable Adults Act (VAA), Minn.Stat. § 626.557 (1994), sexual exploitation, professional malpractice, battery, and intentional and negligent infliction of emotional distress. They also sued Routt’s psychiatric nurse, appellant Kathy House, for malpractice, negligent permission, and failure to report Routt’s abuse under the VAA, which requires that licensed health care professionals report abuse of a vulnerable adult when they know or have reasonable cause to believe that abuse has occurred or is occurring. Subd. 3. Wall sued House for negligent and intentional infliction of emotional distress as well. The district court granted a directed verdict in favor of House on all claims, but the Minnesota Court of Appeals reversed as to the VAA and negligent infliction of emotional distress claims and remanded for a new trial.

[399]*399House appeals the reversal of the directed verdict. In addition, she asserts that the case became moot before the court of appeals issued its decision because Slavik and Wall recorded satisfactions of judgment against Routt’s estate that purportedly served to release all claims against her. House also appeals several of the district court’s evidentia-ry rulings and its failure to issue a requested jury instruction. In a cross-appeal, Slavik and Wall challenge the district court’s decision not to permit their independent malpractice claims against House to proceed to trial, arguing that the VAA does not subsume their malpractice claims. We conclude that (1) Slavik’s and Wall’s claims against House are not moot; (2) the malpractice claims and the VAA claims were identical claims; and (3) the district court properly directed a verdict in favor of House. Accordingly, we reinstate the district court’s decision, affirming in part and reversing in part the court of appeals’ decision.

The primary issue on appeal is the appropriateness of the directed verdict in favor of House. Therefore we begin with a thorough discussion of the record. The diagnostic manual used by mental health professionals, the DSM-IV, states that the essential feature of DID, the disorder that both Slavik and Wall suffer from, is “the presence of two or more distinct identities or personality states ⅜ * * that recurrently take control of behavior.”1 American Psychiatric Ass’n, Diagnostic and Statistical Manual of Mental Disorders 484 (4th ed.1994) (hereinafter DSM.IV). Both Slavik and Wall dissociate and manifest alternative identities, commonly known as alters. Slavik calls herself “Mary,” and her alters include “Grandma,”' “Anne,” “Elizabeth,” “Kate,” and “Amelia.” Wall’s alters include “Tootie Kay,” “Kay,” “Michael,” “Daniel,” “the Silent One,” “the Destroyer,” and “the Little Girls.” When the women were dissociating, an alter spoke; conversely, when the alters spoke, the women were dissociating. Slavik and Wall have extensive histories of trauma, including sexual, physical, and emotional abuse. Both women have been through intensive psychiatric and mental health treatment for DID, as well as for post-traumatic stress disorder, depression, recurrent suicide attempts, and episodes of self-mutilation.

Routt began treating Slavik and Wall in 1988 and served as their psychiatrist until he committed suicide in June 1991. Routt had staff privileges at Fairview-Riverside Medical Center in Minneapolis and placed Slavik and Wall there when they needed to be hospitalized for psychiatric care. In addition to treating patients hospitalized at Fairview-Riverside, Routt held a medication clinic at his office once a week, during which he assessed his patients and adjusted their medications. Slavik and Wall visited Routt’s office for appointments to manage their medications, and both women underwent psychotherapy with Routt as well as with other psychotherapists. Slavik had five office visits in 1990 and five in 1991. Wall had one office visit in 1988, three in 1989, one in 1990, and nine in 1991.

House worked as Routt’s sole nurse and assistant for six years, beginning in 1985 and ending with Routt’s death in 1991. When Routt saw his hospitalized patients, House went on rounds with him and attended treatment team meetings with him and hospital staff. She also acted as the liaison between Routt and his patients’ outpatient psychotherapists. In Routt’s office, House typically met with each patient for 20 minutes during each visit and did an assessment. Routt then joined House and the patient to review House’s assessment and to adjust the patient’s medications if necessary.

[400]*400Several of Slavik’s and Wall’s alters testified at trial that Routt drank alcohol during appointments and offered them alcohol as well. The receptionist who worked for Routt during 1991 stated that Routt’s office sometimes smelled like alcohol, although she never saw Routt drinking. In addition, House testified that Routt told her that a staff person at Fairview-Riverside reported Routt to the Impaired Physicians Committee, alleging that he had slurred speech and was disoriented when the staff person called him at home at 3:00 a.m. Routt responded to these allegations by stating that he had been taking medication for bronchitis that made him disoriented. Despite knowing about these allegations, House repeatedly testified that she never personally knew that Routt drank while on the job.

During the time that Routt treated Slavik and Wall, both women also received intensive psychotherapy with other psychotherapists. Both Slavik and Wall reported to their psychotherapists that they had positive relationships with Routt. Neither woman reported to House that Routt was abusing or had abused them. However, the women did report incidents of abuse by people other than Routt.

Both Slavik and Wall testified about personal information that Routt had told them about himself, including information about his daughter’s suicide, his own experience of abuse as a child, and other personal problems he struggled with. An expert explained at trial that mental health professionals generally consider such confidences to be serious boundary violations and agreed that this behavior was inappropriate. Wall admitted that House was never present when Routt told her about his personal life and that she never told House about any of these discussions. Slavik also testified that she never told House about the things Routt confided in her. Slavik testified that only once was House present when Routt behaved unusually with Slavik. This occurred during the last time Slavik met with Routt, during which Routt looked “extremely awful, [and] scared.” Slavik asked House what was wrong with Routt, but House did not respond. In contrast to Slavik’s and Wall’s testimony, House stated that she never overheard Routt discussing his own problems with any of his patients.

After Routt’s death, Slavik and Wall revealed that Routt had sexually abused them. In both cases, an alter first reported the abuse. Slavik was an inpatient at a treatment center for dissociative disorders in Colorado during the fall of 1991 when her alter “Ann” told, a counselor that Routt had sexually abused her. At trial, “Ann” testified that Routt had sexual intercourse with her between 10 and 20 times, with most of the incidents occurring while Slavik was an inpatient at Fairview-Riverside.

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Bluebook (online)
584 N.W.2d 395, 1998 Minn. LEXIS 552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wall-v-fairview-hospital-healthcare-services-minn-1998.