At a Philadelphia County malpractice trial before Judge Demaris Garcia, a 12-person jury found that the defendant hospital was grossly negligent. However, the jury did not find any negligence on the part of the individual doctors or the social worker. The jury further concluded that the hospital’s gross negligence was not a factual cause of the plaintiff’s damages.
The estate of the decedent maintained that the defendant hospital negligently discharged the decedent, who had been hospitalized following a suicide attempt. Two weeks after discharge, the decedent died by suicide.
On December 24, 2018, the 27-year-old male decedent was admitted to the defendant hospital following an intentional drug overdose. He required intubation, suffered several seizures, and was admitted to critical care. This was not the decedent’s first suicide attempt. Due to his suicidal tendencies, one-on-one supervision was implemented from December 25 through December 31.
During his admission, the decedent informed the hospital staff that he had a history of inpatient hospitalizations related to depression and suicide attempts. He explained that the last month and a half had been increasingly difficult for him following a breakup with his girlfriend. Recognizing his need for help, the decedent stated that he believed outpatient treatment would be more effective than an acute inpatient stay. Throughout his hospital stay, he consistently expressed a willingness to attend outpatient therapy after discharge.
On December 28, the decedent informed one of the defendants that he wanted to engage in outpatient therapy. A defendant doctor explained to him that the hospital might not be able to schedule an appointment until after January 1, 2019, due to a lapse in the decedent’s insurance coverage. The decedent was advised that he required long-term treatment, best undertaken in an outpatient setting. He was further told that, should he return to the hospital within 30 days with self-harming impulses, the hospital would support a petition by his family to have him involuntarily admitted to a long-term acute care unit—an option the decedent strongly opposed.
On December 31, 2018, the hospital arranged for the decedent’s discharge. The social worker involved in the discharge process provided him with a list of potential outpatient facilities to contact. Hospital records indicate that while the patient was cleared for discharge, it was unclear whether he would return to his apartment, require a shelter, or stay with a loved one. He was discharged with instructions to follow up with psychiatric care within 14 days.
On January 12, 2019, the decedent died by suicide.
The estate alleged that the defendants were negligent in several ways: failing to arrange, schedule, or confirm outpatient therapy and psychiatric care at the time of discharge; failing to ensure timely consults and follow-up care; failing to arrange for appropriate intervention or outpatient therapies; allowing insurance availability to influence treatment decisions; and failing to intervene adequately at the time of discharge.
The decedent was survived by his parents and siblings.
