She said, via sign language, My arm hurts, my arm hurts, and crumples to the ground holding her arm. Spring Mountain argues that because Szymborski's claims involve employees of a hospital rendering services, the claims must be for medical malpractice and NRS 41A.071's affidavit requirement applies. Over 90,000 businesses use Birdeye everyday to get more reviews and manage all customer feedback. Physicians are on the medical staff of Spring Mountain Treatment Center, but, with limited exceptions, are independent practitioners who are not emplo . The Judges overseeing this case are Cam Ferenbach and Gloria M. Navarro. Lynette Kish said she believes the sexual assault was what drove her troubled daughter off the edge emotionally, to a point from which she couldn't return. "She couldn't carry a tune, but she was singing her heart out," Kish said. This case was filed in U.S. District Courts, Nevada District. hbbd```b``V`v4"RA$cX< In contrast, NRS 41A.071 provides that [i]f an action for medical malpractice is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without a[] [medical expert] affidavit.2. 1. Call (855) 802-1592 to get 24/7 help with treatment. But, as the majority determines, the essence of the allegations in count II seeks damages for medical malpractice because that count is asserting a breach of the exercise of medical treatment, diagnosis, or judgment, I would equally apply that analysis to the allegations made in count III. HOW SCORES OF EMPLOYEES AND PATIENTS SAY AMERICAS LARGEST PSYCHIATRIC CHAIN TURNS PATIENTS INTO PROFITS. f\*( {-S'P93dH#Wv20 b0+X*I%$T Lists Featuring This Company United States Outpatient Care Companies 1,580 Number of Organizations $1.7B Total Funding Amount 130 Number of Investors Track See LaChance v. State, 130 Nev. 263, 277 n.7, 321 P.3d 919, 929 n.7 (2014) (Because the Nevada Rules of Appellate Procedure do not allow litigants to raise new issues for the first time in a reply brief, we decline to consider this argument.). })(); Your email address will not be published. The plaintiffs requested a jury trial. In 2015, the Nevada Legislature amended NRS 41A.071 to apply to claims for professional negligence and eliminated the terms medical malpractice and dental malpractice from the statute. April 2013: A 15-year old patient of Timberlawn Behavioral Health in Dallas was restrained in violation of state procedures. Neglecting Neglect? Washington City Paper, 27 May 2011, http://www.washingtoncitypaper.com/articles/40912/is-dc-neglecting-neglect/; http://ir.uhsinc.com/static-files/d951bfe5-231b-49f9-9c26-879ef37db354, Hospital Cited for Poor Treatment Plans and Restraining Patients without Demonstrated Justification, UHS Behind Closed Doors, 13 Jul 2011, http://web.archive.org/web/20191130141924/http://uhsbehindcloseddoors.org/complaint_type/hospital-cited-for-poor-treatment-plans-and-restraining-patients-without-demonstrated-justification/, Millwood Hospital Cited for Failing to Provide Safe Environment for Pediatric & Adolescent Patients, UHS Behind Closed Doors, 28 Jul 2011, http://web.archive.org/web/20191130144306/http://uhsbehindcloseddoors.org/complaint_type/millwood-hospital-cited-for-failing-to-provide-safe-environment-for-pediatric-adolescent-patients/, National Deaf Academy Fined $3,000 for Failing to Monitor Employee Practices and Protect Residents, UHS Behind Closed Doors, 14 Jul 2011, http://web.archive.org/web/20191109063338/http://uhsbehindcloseddoors.org/complaint_type/special-needs-resident-secluded-in-closet/ , West Side's Hartgrove Hospital focus of widening Justice Department, Chicago Tribune, 1 Apr. Spring Mountain Treatment Center is owned and operated by Universal Health Services, which is one of the leading hospital management companies in the United States. , April 2017: Senator Charles Grassley drew attention to serious allegations against Shadow Mountain psychiatric facility in Tulsa, Oklahoma. They are located at 7000 Spring Mountain Road and can be reached at 702-873-2400. It had opened several dozen investigations into the treatment of patients at the facility. Copyright 2023, Thomson Reuters. The DJJ report indicated the teenager received lacerations to her face and ear that looked like it needed stitches., In April 2013, DJJ Secretary Wansley Walters told media, I think there was a culture there that was really being kept secret and being hidden from our department. 's' : '') + '://roambedroom.com/f8ffe308cb85ac73d9911bb6a3ea357e/invoke.js">'); var _Hasync= _Hasync|| []; Carol Thompson. Psych wards, The Boston Herald, 24 Mar. CLOSED, 2018. February 2020: Media reported that Dr. Davidow from Cumberland Hospital was under investigation for the allegations of patient sexual abuse and had originated a leave of absence from Cumberland at the time. 866-548-1240 2018, https://www.wfaa.com/article/news/local/investigates/against-their-will-locked-away-in-a-mental-hospital-after-voluntarily-seeking-help/287-520570575, Child punched by staff member at treatment center, state investigation alleges, The Greenville News,1 Oct. 2018, https://www.greenvilleonline.com/story/news/local/south-carolina/2018/10/01/staff-member-punched-child-treatment-center-dhec-palmetto-pee-dee-behavioral-health/1221935002/, A teen girl was raped by another patient at Gulfport Behavioral, federal lawsuit says, Sun Herald, 29 June, 2020, https://www.sunherald.com/news/local/counties/harrison-county/article243829147.html#storylink=cpy, Ex-employee raises concerns over childrens hospital: Our job is to make sure that theyresafe CBS 6 News, 30 Oct. 2019, https://www.wtvr.com/2019/10/29/former-employee-raises-concerns-over-neglect-at-childrens-hospital-our-job-is-to-make-sure-that-theyre-safe/, Childrens doctor accused of sexual abuse on temporary leave of absence: Dr. Daniel Davidow is on temporary leave of absence after a CBS 6 investigation, 11 Feb 2020, https://www.wtvr.com/news/problem-solvers/problem-solvers-investigations/childrens-doctor-accused-of-sexual-abuse-placed-on-temporary-leave-of-absence, Psychotherapist at Virginia childrens hospital indicted on sex crimes, WHSV3, Fox affiliate, 6 Feb, 2020, https://www.whsv.com/content/news/Psychotherapist-at-Virginia-childrens-hospital-indicted-on-sex-crimes-567630411.html?ref=411, Dr. Sarah Mervosh, Sue Ambrose, Immediate jeopardy: How safe are kids at state-monitored Timberlawn psych hospital? The Dallas Morning News, 10 Dec. 2017, https://www.dallasnews.com/news/investigations/2017/12/10/immediate-jeopardy-how-safe-are-kids-at-state-monitored-timberlawn-psych-hospital/, Timberlawn Mental Health System faces closure after CMS finds major safety problems, Healthcare Finance, 5 Aug. 2015, https://www.healthcarefinancenews.com/news/timberlawn-mental-health-system-faces-closure-after-cms-finds-major-safety-problems, Timberlawn Psychiatric Hospital Is Closing Before The State Can Shut It down, Open Minds, 24 Jan. 2018, https://www.openminds.com/market-intelligence/bulletins/timberlawn-psychiatric-hospital-closing-state-can-shut/, Family suing over teen son's death in psychiatric hospital: Austin choked on his own vomit but the medical examiner also classified the crime a homicide, 11 Live News, 16 Dec. 2017, updated 20 Feb. 2018, http://www.11alive.com/article/news/local/holding-powerful-accountable/family-suing-over-teen-sons-death-in-psychiatric-hospital/85-499825458?scroll=0, Mother: Son bullied before his death, The Register Citizen, 27 Jan. 2018, https://www.registercitizen.com/news/article/Mother-Son-bullied-before-his-death-12531026.php, Parents sue hospital after 2 teens allegedly raped by patients, ABC 13 News, 22 Jan. 2018, https://abc13.com/lawsuit-against-kingwood-pines-hospital-rape-sex-crimes/2979169/, Charlotte Huffman, Mark Smith, Jason Trahan, Against Their Will: Locked away in a mental hospital after voluntarily seeking help, WFAA News 8, 29 Jun. hbbd``b`,`; b01df 4 8 H(r #C%#3r?0 xS TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Op. Contact us. The most concerning part was the facilitys response to the police investigation: According to law enforcement sources, Cedar Ridges CEO told officers they dont call police for incidents of sexual assault. Staffers pushed a patient into a wall in one incident, stepped on a patients head in another and used restraints unnecessarily in the third, according to facility reports to state regulators between January and early December 2017. A claim is grounded in medical malpractice and must adhere to NRS 41A.071 where the facts underlying the claim involve medical diagnosis, treatment, or judgment and the standards of care pertaining to the medical issue require explanation to the jury from a medical expert at trial. Sean Murray filed the lawsuit on Wednesday. 'params' : {} Spring Mountain moved to dismiss the complaint because Szymborski failed to attach an expert medical affidavit pursuant to NRS 41A.071.1 The district court granted Spring Mountain's motion to dismiss, finding that the claims in the complaint were for medical malpractice and required an expert medical affidavit. Almost all of the children accepted into North Springs residential program are referred from state and county agencies or school systems. A Dallas Morning News article in 2011 reported that regulators had cited Timberlawn for patient harm several times in recent years. The family of 16-year-old Brittany Kish had been planning to file a lawsuit against the Spring Mountain Treatment Center in about two weeks, the girl's mother and her lawyer said. After investigation, the Division issued a report crediting Szymborski's claims and finding that Spring Mountain committed multiple violations of NAC 449.332. %%EOF %%EOF 0 Videos showed staff members choking, dragging and endangering adolescent patients. Brittany wasn't out of control -- she wasn't throwing a tantrum like she sometimes did. The report noted that the girl was sent later that evening to an emergency room, where she reported abdominal and pelvic pain and got a rape exam. Our case law declares that a medical malpractice claim filed without an expert affidavit is void ab initio. Washoe Med. But it has emerged, and fortunately law enforcement has gotten involved and people are being held accountableafter the fact, because within a few months of that incident, that program was closed. Lansing State Journal. Szymborski alleges that Spring Mountain in the exercise of reasonable care had a duty to know, or should have known, that they are required to comply with NAC 449.332, regarding discharge plan of Patients; and with NRS 449.765 to 449.786. He accuses Spring Mountain of breaching its duty by failing to carefully investigate, monitor and/or oversee discharge activities including but not limited to, the development, implementation, and supervision of discharge policies and practices. Spring Mountain also negligently permitted the dumping of [Sean], by taxi to the home of [Szymborski], without notice to [Szymborski], in violation of their own internal policies; NAC 449.332; and NRS 449. Maybe she was going to do this anywhere," Kish added. Appellant contends that the district court erred in dismissing his complaint because his claims are based in ordinary negligence, not medical malpractice, and therefore, an affidavit was not required. "I know she had problems. Accordingly, I would affirm the district court with regard to counts II and III. CLOSED, 2019. 234 0 obj <>stream A Denton Police report appeared to confirm Madisons concerns, saying: Madison was not allowed to sign an AMA (Against Medical Advice) that day and was not released from Mayhill. The Houghs agreed to meet with staff to voice their concerns. 2005) (holding that the pre-suit requirements of a medical malpractice claim did not apply to plaintiff's claim for negligent hiring, supervising, and retaining the physician because the claim of sexual misconduct in this case is not a claim arising out of negligent medical treatment); compare with Blackwell v. Goodwin, 513 S.E.2d 542, 545-46 (Ga. Ct. App. See Lee v. Detroit Med. In September a lawsuit on behalf of five plaintiffs was filed in Cook County Court against Rock River alleging sexual abuse and rape by staff. at 410, 282 P.3d at 730 (internal quotation marks omitted). When he refused to go to the shower, the nurse walks toward him waving his right index finger in the air, then brings both of his hands down on Vices neck, BuzzFeed News reported. The social services discharge note did not include an address for the apartment. Roommates or other patients sexually abused younger and weaker plaintiffs after hours, at times coming into their rooms, without intervention from staff and sexually abused and battered them by groping and fondling their intimate body parts.. Spring Mountain argues that Szymborski's citations to NAC 449.332 and NRS 449.765-449.786 demonstrate that the claim is based on Spring Mountain's failure to perform medical functions. June 2019: The family of a 13-year-old girl was promised a safe environment when she was hospitalized for depression at Gulfport Behavioral Health Hospital in Mississippi. The meeting turned violent when Mrs. Hough attempted to take a picture of her daughters wrist band. 2017, https://www.buzzfeednews.com/article/rosalindadams/sen-grassley-calls-for-federal-probe-into-troubled-youth, Grassley Continues Inquiry into Psychiatric Hospital Amid Dearth of Details from Accreditor on Response to Reported Problems, Senator Grassley website, 26 May 2017, https://www.grassley.senate.gov/news/news-releases/grassley-continues-inquiry-psychiatric-hospital-amid-dearth-details-accreditor, Shadow Mountain loses court bid to halt SoonerCare contract termination; Report: Shadow Mountain presented a threat to life during recent inspection, slips in accreditation status: Shadow Mountain was deemed a threat to life during recent inspection, Tulsa World, 30 May 2017, http://www.tulsaworld.com/news/health/report-shadow-mountain-presented-a-threat-to-life-during-recent/article_72f3a7a0-c43e-539d-ad58-417767f1d3a2.html, At least five lawsuits target Tulsa psychiatric facility after allegations draw national attention, The Frontier, 11 Sept. 2017, https://www.readfrontier.org/stories/former-employee-patients-sue-tulsa-psychiatric-facility-allegations-draw-national-attention/, State shuts down youth detention center in Crestview, Daily News, 24 June 2017, http://www.nwfdailynews.com/news/20170624/state-shuts-down-youth-detention-center-in-crestview, Lawsuit: Boy, 12, sexually assaulted at DeKalb hospital, Atlanta Journal Constitution, 11 July 2017, http://www.ajc.com/news/local/lawsuit-boy-sexually-assaulted-dekalb-hospital/18rQCaixRqyqjfJrrKNKwO/, Alex Newman, Sexual Assault Investigation at Now-Shuttered Westwood Psychiatric Hospital: Westwood police are investigating an alleged sexual assault at Westwood Lodge, which state officials permanently closed Friday, The Westwood Patch, 30 Aug. 2017 https://patch.com/massachusetts/westwood/sexual-assault-investigation-now-shuttered-westwood-psychiatric-hospital, Massachusetts psychiatric hospital shut down amid sexual assault investigation, Mass Live, 29 Aug. 2017, http://www.masslive.com/news/index.ssf/2017/08/massachusetts_psychiatric_hosp.html, Serious Workplace Hazards at Psychiatric Hospital, Sun News, 14 Aug. 2017, http://web.archive.org/web/20191112063029/https://sunnewsreport.com/serious-workplace-hazards-psychiatric-hospital/, State halts admissions at Lowell psychiatric hospital, The Boston Globe, 12 Sept. 2017, http://198.115.82.77/metro/2017/09/12/state-halts-admissions-lowell-psychiatric-hospital/uI35TIvQkDTN0INlvdIpaK/story.html, Lowell-based mental-health center shutting its doors, The Sun, 8 Feb. 2018, updated 11 July, 2020, https://www.lowellsun.com/2018/02/08/lowell-based-mental-health-center-shutting-its-doors/, Lawsuit: Psychiatric hospital negligence led to teens rape, ABC News, Associated Press, 15 Sept. 2017, http://web.archive.org/web/20170916111956/https://abcnews.go.com/amp/Health/wireStory/lawsuit-claims-psychiatric-hospital-negligent-teens-rape-49873253, Dallas police investigating sexual assault of 13-year-old girl at Timberlawn hospital, Dallas Morning News, 13 Oct. 2017, https://www.dallasnews.com/news/crime/2017/10/12/13-year-old-girl-sexually-assaulted-timberlawn-psychiatric-hospital-dallas, Sue Ambrose, FATHER OF GIRL, 13, SAYS SHE WAS RAPED AT TIMBERLAWN BY TEEN MALE PATIENT, Dallas Morning News, 18 Oct. 2017, https://www.dallasnews.com/news/crime/2017/10/13/father-girl-13-says-raped-timberlawn-teenmale-patient, Sarah Mervosh and Sue Ambrose Raped, fondled, flashed: What female patients say happened to them at Timberlawn psych hospital, Dallas Morning News, 25 Oct. 2017, https://www.dallasnews.com/news/investigations/2017/10/26/timberlawn-history-sexual-assault-reports-13-year-olds-case-surfaced, AFTER LOSING MEDICAID CONTRACT, SHADOW MOUNTAIN HAD FEWER PATIENTS IN ITS CARE, The Frontier, 16 Oct. 2017, https://www.readfrontier.org/stories/losing-medicaid-contract-shadow-mountain-patients-care/, Mark Smith and Brett Shipp, Voluntarily checking into psychiatric hospital, easy. Im surprised it didnt paralyze my leg, the way that he was slamming it, Vice said., February-September 2017: A teachers aide who worked at Behavioral Education Services, a subsidiary of UHS, in Florida was accused of sexually assaulting a 14-year-old troubled special needs student. December 2013: A mother filed a federal lawsuit alleging that Brentwood Behavioral Center in Mississippi failed to protect her 11-year-old son from being sexually abused by nurse Clifford Hough from December 2012 to January 2013. Sean James Murray, the father of Gavin, is suing Spring Mountain Treatment Center, saying the facility was negligent in releasing Renai a week before the incident. May 2013: Lennox Seepersad, a mental health technician with The Vines Hospital in Florida was charged with aggravated felony abuse of a 13-year old resident whose arm he twisted to the point of causing a spiral fracture. 11 November 2017: BuzzFeed News disclosed continuing allegations of patient assault and abuse at Hill Crest Behavioral Health Services in Alabama. Jeremiah was sent to a cool down room, but once there, he began punching walls and would not stop, according to the incident account. She bailed out and returned to work at Milton, forcing the DJJ to ask Miltons director to remove her from all access to children. District Judge Michelle Leavitt set another hearing for March 9 to appoint him a standby attorney through the Clark County public defenders office. One nurse described a near riot among boys in the facility during a period of under-staffing. Affirm the District court with regard to counts II and III -- she was singing her heart out ''! 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