Professional Negligence Law Reporter

Mental Health

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Negligent treatment, discharge of depressed patient

January/February 2024

Doe, a 62-year-old military veteran, had a history of attempted suicide, PTSD, and depression. During a depressive episode, she spoke with a VA suicide prevention specialist and later checked herself into a VA hospital for inpatient psychiatric treatment. Staff noted that Doe’s mood was severely depressed and that she had the highest level of anxiety. The next day, a psychiatrist allegedly changed Doe’s medications, and a resident discharged her a few hours later.

Doe died from a self-inflicted gunshot wound several hours after her discharge. She was survived by her mother and two siblings.

Suit against the United States alleged that the psychiatrist had prescribed incorrect dosages of the new medications. Suit also claimed that the resident had improperly discharged Doe shortly after a significant medication change and without a suicide prevention plan despite her known history of attempted suicide.

The parties settled the case for $900,000.

Citation: Doe v. United States, Confidential Dkt. No. (Va. Confidential Ct. 2023).

Plaintiff counsel: AAJ members Lauren M. Ellerman and Thomas (Bo) Frith IV, Roanoke, Va.