J.A.H. ex rel. R.M.H. v. Wadle & Associates, P.C.

• Decision Date: 17 February 1999
• Docket Number: No. 97-2124,97-2124
• Citation: 589 N.W.2d 256
• Parties: J.A.H., by Guardian and Next Friend, R.M.H., Appellant, v. WADLE & ASSOCIATES, P.C., and Anita Jordan, Appellees.
• Court: Iowa Supreme Court

Page 256

589 N.W.2d 256

J.A.H., by Guardian and Next Friend, R.M.H., Appellant, v. WADLE & ASSOCIATES, P.C., and Anita Jordan, Appellees.

No. 97-2124.

Supreme Court of Iowa.

Feb. 17, 1999.

Rehearing Denied March 12, 1999.

Peter J. Leehey and Janece M. Valentine of Leehey & Valentine, Fort Dodge, for appellant.

Brian L. Campbell and Gordon R. Fischer of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellees.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, SNELL, and CADY, JJ.

LAVORATO, Justice.

The plaintiff, a minor child, sued the defendant mental health care providers for loss of parental consortium arising out of alleged negligent treatment of his mother, who was not a party to the lawsuit. Because we hold there is no cause of action under the facts of this case, we affirm the district court's order granting the defendants' motion for summary judgment.

I. Facts and Proceedings.

We will not refer to the real names of the child and his father and mother. Instead we will refer to the child as James, the father as Robert, and the mother as Silvia. In 1995 the district court dissolved the marriage of Robert and Silvia. The dissolution decree granted primary physical custody of their minor child, James, to Robert.

Following the marriage dissolution, Robert filed the present action on behalf of James against Silvia's mental health care providers, Anita Jordan and Wadle & Associates, P.C., for loss of parental consortium. The petition, filed in June 1996, alleged, among other things, that the defendants were negligent in their treatment of Silvia. More specifically, the petition alleged Jordan, a mental health therapist, through her negligent treatment of Silvia caused Silvia to develop false memories. These false memories, the petition further alleged, rendered Silvia unable to care for James, caused Silvia to become estranged from James, and diminished Silvia's affection for him. In addition, the petition alleged that Wadle & Associates, P.C., Jordan's employer, was responsible for Jordan's actions undertaken in the scope of her employment.

Jordan began treating Silvia in March 1994. At the time the lawsuit was filed, Jordan was still treating her. Jordan used a variety of treatments on Silvia including hypnosis and participation in survivor group therapy.

In October 1998, the district court ultimately granted the defendants' motion for summary judgment, ruling that the defendants did not owe "a legal duty to third parties who are not patients."

It is from this ruling that Robert appeals. He contends the defendants owed a duty to James in rendering mental health care to his mother, Silvia.

II. Scope of Review.

Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Iowa R. Civ. P. 237(c). On review, "we examine the record before the district court to determine whether any material fact is in dispute, and if not, whether the district court correctly applied the law." Shriver v. City of Okoboji, 567 N.W.2d 397, 400 (Iowa 1997). When the only conflict concerns legal consequences flowing from undisputed facts, summary judgment is the proper remedy. Id.

III. Duty.

A. Framework of analysis. The decisive issue is whether the defendants owed a duty to James in rendering mental health care to his mother. This court has never before considered whether a mental health care provider owes a duty to a nonpatient family member for alleged negligent treatment of the patient.

It is hornbook law that in any tort case the threshold question is whether the defendant owed a legal duty to the plaintiff. Burton v. Des Moines Metro. Transit Auth., 530 N.W.2d 696, 699 (Iowa 1995). A legal duty "is defined by the relationship between individuals; it is a legal obligation imposed upon one individual for the benefit of another person or particularized class of persons." Sankey v. Richenberger, 456 N.W.2d 206, 209 (Iowa 1990). "Whether, under a given set of facts, such a duty exists is a question of law." Leonard v. State, 491 N.W.2d 508, 509 (Iowa 1992).

In deciding that question, three factors govern our analysis: (1) the relationship between the parties, (2) reasonable foreseeability of harm to the person who is injured, and (3) public policy considerations. Id. at 509-12. We use these factors under a balancing approach and not as three distinct and necessary elements. Id. at 512. In the end, whether a duty exists is a policy decision based upon all relevant considerations that guide us to conclude a particular person is entitled to be protected from a particular type of harm. Larsen v. United Fed. Sav. & Loan Ass'n, 300 N.W.2d 281, 285 (Iowa 1981).

Leonard presents a good example of this approach in a factual scenario somewhat similar to the facts here. Parrish was a patient at a mental hospital. He was being treated for bipolar disorder. His condition improved to the point where the doctors discharged him with the recommendation that he receive outpatient treatment. They did so believing Parrish was cooperative with his treatment plan. A medical expert for the plaintiff stated by affidavit that Parrish was not as compliant with his treatment regimen as his doctors had reported. Parrish returned to his work as a contractor and hired the plaintiff to work for him. On the date of the incident, the pair skipped work and spent the day drinking. Sometime during this drinking spree, Parrish without provocation beat Leonard severely. Leonard then sued the state for the injuries he had sustained.

We determined as a matter of law that a treating psychiatrist owed no duty of care to an individual member of the general public for decisions regarding treatment and release of mentally ill persons from confinement. Leonard, 491 N.W.2d at 512. We reversed the district court's ruling to the contrary on the defendants' motion for summary judgment and remanded for dismissal of the plaintiff's petition. Id.

Our whole analysis in Leonard centered on whether a treating psychiatrist had a duty to protect persons injured by a patient who is, or has been, under the psychiatrist's care. We first noted that generally a person has no duty to control the conduct of another, citing Restatement (Second) of Torts § 315 (1965). Id. at 510. We then acknowledged that the rule is qualified by the following exceptions set out in the same section of the Restatement:

(a) a special relation exists between the actor [psychiatrist] and the third person [patient] which imposes a duty upon the actor [psychiatrist] to control the third person's [patient's] conduct, or (b) a special relation exists between the actor [psychiatrist] and the other [victim] which gives to the other [victim] a right to protection.

Id. at 511 (quoting Restatement (Second) of Torts § 315 (1965)).

In addition, we noted that subparagraph (a), which pertained to the facts surrounding Leonard's case, was also governed by section 319 of the Restatement, which provides:

One who takes charge of a third person whom he knows or should know to be likely to cause bodily harm to others if not controlled is under a duty to exercise reasonable care to control the third person to prevent him from doing such harm.

Id. (quoting Restatement (Second) of Torts § 319 (1965)).

We had little difficulty finding a special relationship existed between Parrish and his treating psychiatrist at the defendant hospital. Id. at 511. We therefore concluded the hospital had a duty to control Parrish's conduct, or at least not negligently release him from custody. Id. However, in doing so, we observed that the above-cited Restatement rules "did not answer the precise question before us: Does the duty to refrain from negligently releasing dangerous persons from custody run from the custodian to the public at large or only to the reasonably foreseeable victims of the patient's dangerous tendencies?" Id. We noted decisions from other jurisdictions varied widely regarding the universe of persons to whom they would hold the doctor accountable. Id.

We were able to narrow our inquiry to the psychiatrist's duty to members of the general public because the plaintiff could claim no other status. Id. The plaintiff could claim no other status because (1) he did not know Parrish before Parrish's commitment or discharge, (2) Parrish had never voiced any threats against the plaintiff to Parrish's attending psychiatrist, and (3) there was no record evidence from which a reasonable person could find that the plaintiff belonged to a class of persons more endangered by Parrish's release than the public at large. Id.

Relying on our own case law involving duty questions under sections 315 and 319 of the Restatement, we noted that the scope of duty in these cases turned on the foreseeability of harm to the injured person. Id. We also noted these same cases "reflect[ed] strong public policy concerns about the potential for limitless liability when an individual's decision might affect the general public." Id. at 512. In balancing the factors on duty in favor of nonliability, we concluded that foreseeability was outweighed by public policy considerations:

In the context of a psychiatrist's decision to release an involuntary mental patient, these same policy considerations apply. We believe that the risk to the general public posed by the negligent release of dangerous mental patients would be far outweighed by the disservice to the general public if treating physicians were subject to civil liability for discharge decisions.

Id. (emphasis added).

We described the consequences of a contrary decision this way:

The treating physicians, in their evaluation of the case, well might believe that [the patient] could be allowed to leave the institution for a prescribed period and that his release on pass might contribute to his treatment and recovery. We do not believe that they should have to function under the threat of civil...