QUESTION
Bipolar son admited to ER escaped from the hospital
Asked on Sep 29th, 2013 on Medical Malpractice - South Carolina
More details to this question:
I have a son who is diagnosed with serious mental condition - manic bipolar. I am single mother taking care of him and manage alone as long he is not in an eposode when he needs to be hospitilazed.. Last time when my had an episode I took him to ER at MUSC at night, he was admittied and I was allowed to come to area where there were mental patients awaiting the physican for assesment. The room was watched by female and male nurse , and I observed patients were allowed to walk in the hall with police officer present. I have questioned the nurses if this was safe and was assured nothing could happen. Around 2:30 AM all of a sudden I heard loud noise and hospital personal yelling that my son-patient, busted the back exit door and escaped from the ER. They alarmed the police and they were all looking for him downtown Charleston but did not find him. I feared I would never see my son again. I found him myself at 6am and took him back. I want to sue for this negligence, pain and suffering
1 ANSWER
Criminal Defense Attorney serving Charleston, SC
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Michael G. Sribnick, M.D., J.D., LLC
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This answer in no way creates an attorney/client relationship. There was negligence involved, but I do not believe it was malpractice. There was no act or omission by the nurses or doctors that caused legal harm to your son. I do sympathize with your situation, but fail to see how this is a malpractice. Who is to serve as an expert witness that your son's vandalism (although admittedly due to his metal disorder) caused you or your son harm. It sounds to me (with the small amount of information provided) that the hospital provided police and other supervision, and cannot be held responsible for your son's own actions. I am a S.C. attorney and board certified internist. In S.C. it is necessary to submit an affidavit from an expert as to his or her opinion to a reasonable degree of certainty of whom was legally responsible for your son's breaking the emergency room door. This is unlikely to happen, nor would I personally represent a client with this complaint. If anything, you may take solace in the fact that you were able to safely find your son. Again, I do sympathize with your plight as I have an autistic brother who was once violent. I am sorry that I cannot offer you a more pleasant response. You might have a case for negligence, but I do not believe you have a medical malpractice case. Please also note that the hospital could sue your son for vandalism depending on his age or you personally, if your son is under 18 or you are his legal guardian.
Regards, I am
Michael G. Sribnick, M.D., J.D. Attorney at Law
Owner of Michael G. Sribnick, M.D., J.D., LLC
www.michaelsribnicklaw.com
Answered on Sep 29th, 2013 at 7:45 PM