State to Use of Shockey v. Washington Sanitarium and Hospital
| Decision Date | 08 December 1960 |
| Docket Number | No. 74,74 |
| Citation | 165 A.2d 764,223 Md. 554 |
| Parties | STATE, to Use of Jeanette SHOCKEY, widow, etc. v. WASHINGTON SANITARIUM AND HOSPITAL. |
| Court | Maryland Court of Appeals |
June L. Green, Annapolis, for appellant.
J. Roy Thompson, Jr., Rockville, for appellee.
Before BRUNE, C. J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
This appeal is from a judgment in favor of the defendant for costs after the trial court directed a verdict in favor of the defendant at the close of the defendant's case. The action was brought against the defendant, Washington Sanitarium and Hospital, upon the theory that it was guilty of negligence in failing to prevent the suicide of a patient.
The decedent, a resident of Pennsylvania, had been admitted to the Sanitarium on May 8, 1957, as a private patient of Dr. Andren, a psychiatrist consulted by the decedent and his wife. Mr. Shockey had become severely depressed. In a letter from the physician who had treated him in Pennsylvania, there was a reference to the patient having taken an overdose of a drug some time before. Dr. Andren diagnosed his conditions as 'manic-depressive reaction--hypomanic state'. It appeared that he had been diagnosed as manic-depressive by Dr. Kress in 1921, when he was nineteen years of age, but had recovered. There was testimony that the hypomanic phase is not as intense as the acute manic phase, and 'borders on nearly normal behavior'.
Mr. Shockey was admitted to Oaklea Hall, which is set aside for patients who need special observation or treatment, but on the following day, at the direction of Dr. Andren, was transferred to Lisner Hall, a fully open unit for milder nervous cases, where patients may move about freely. Dr. Andren testified the patient was encouraged to visit the lawn and recreation rooms and to associate with other patients. This was a part of the treatment. A relaxing medication, sparine, was prescribed. Mr. Shockey remained in Lisner Hall, except for intervals when he was allowed to go home, until May 26, 1957, when he was discharged as markedly improved and returned to work.
On August 25, 1957, Mr. and Mrs. Shockey again came to the Sanitarium. Dr. Andren was undergoing surgery, and they were referred to his associate, Dr. Philpott, an independent psychiatrist who was then practicing with Dr. Andren. Dr. Philpott examined the patient, his history, and prior treatment and had him admitted to Lisner Hall without any special nursing or custodial care. Dr. Philpott discussed with the patient the alleged incident concerning an overdose of a drug. The patient denied having any suicidal tendencies. Dr. Philpott ordered essentially the same routine to which Mr. Shockey had previously responded. He testified the patient was anxious and tense but not suicidal. If he had thought he was suicidal, he would not have admitted him to the Sanitarium.
On August 26, 1957, after a quiet night, Mr. Shockey had a light breakfast and went to the hydrotherapy department for a bath and massage. The attendant testified he was in good spirits. He returned to his room until lunch, after which he received the prescribed medication, sparine. He was scheduled for another hydrotherapy at 4:00 P.M., but the supervising nurse, Mrs. Tobias, found he was not in his room. When a messenger did not locate him on the lawn, Mrs. Tobias learned he was playing checkers with other patients in the recreation room of the occupational therapy department. In the meantime, the hydrotherapy department had taken another patient; so Mrs. Tobias let the matter rest. Mrs. Green, another hospital employee, testified that Mr. Shockey came into the recreation room, and she invited him to join the game she was playing with two female patients. He did so. At a little after 4:00 P.M. she left to get her supper. Mr. Shockey had just started another game with the two other patients. He took part in the conversation and seemed in good spirits.
At about 4:30 P.M. a nurse, looking out of a window on the fourth floor, saw Mr. Shockey climbing over the parapet, about three...
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