Trial Magazine

After noticing his son’s disturbing social media posts, David Scheer drove to Myrtle Beach, S.C., and took his son, Matthew, 26, to the emergency room of Grand Strand Regional Medical Center. Matthew, who was suffering from auditory and visual hallucinations, was diagnosed as having suffered a break from reality and was admitted to the hospital, where he came under the care of two hospitalists. Matthew became agitated, accused the nurses of being devil worshippers, and told staff that he wished to leave the facility. The second attending hospitalist did not contact Scheer about his son’s intentions and allowed Matthew to leave the hospital against medical advice during a hurricane. Matthew disappeared and reportedly drowned in the Atlantic Ocean. His death certificate listed his death as a suicide. He is survived by his parents and sibling.

Scheer, on behalf of his son’s estate, sued Southern Myrtle Inpatient Services, which employed the two hospitalists who attended to Matthew during his hospitalization. Scheer alleged liability for the second hospitalist’s failure to call him—as his son's emergency contact—before releasing Matthew, who did not have the mental capacity to sign himself out of the hospital.

The plaintiff also alleged that the defendant failed to properly train its physicians on HIPAA compliance, specifically the privacy rule in 45 C.F.R. §164.512(j), which would have allowed the providers to contact Scheer about his son’s psychotic mental state.

The plaintiff also sued the hospital, alleging failure to implement a 48-hour hold on Matthew and to provide an adequate psychiatric consultation. The hospital settled for $600,000.

The jury awarded more than $3.5 million.

Citation: Scheer v. S. Myrtle Inpatient Servs., LLC, No. 2017CP2601571 (S.C. Ct. Com. Pl. Horry Cnty. June 6, 2019).

Plaintiff counsel: AAJ members Francis “Brink” Hinson IV and William R. Padget, both of Columbia, S.C.

Plaintiff expert: Robert Robinson III, hospitalist medicine, Charlotte, N.C.