The OP Review November 2005 - Ohio Psychological Association

How Long Are You at Risk for a Lawsuit from
Family Members After a Patient Commits Suicide
By Stephanie D. Champ, JD, Carlile Patchen & Murphy LLP
No matter the situation, a suicide of a
current or former patient is a tragic event.
Besides dealing with the loss from a
professional (and personal) perspective, in
our seemingly litigious society, you also
have the additional worry of whether you
will be the target of blame from the
patient’s family. For how long after a
patient commits suicide are you exposed to
a possible lawsuit by the patient’s family
The family must file an action within four
years of the patient’s suicide. Section
2305.09 of the Ohio Revised Code
(“O.R.C.”) states:
An action for any of the following causes
shall be brought within four years after the
cause thereof accrued 2 :
(D) For an injury to the rights of the
plaintiff not arising on contract nor
enumerated in sections 1304.35, 2305.10
to 2305.12, and 2305.14 of the Revised
Code, none of which are applicable in this
scenario.
A claim against a psychologist in this
instance would be a claim of negligence
and would fall under the limitations period
outlined above.
But wait, you say, is there not a specific
statute that provides that malpractice
actions have only a one-year limitations
period Yes, O.R.C. § 2305.11 says that
“[a]n action for . . . malpractice other than
an action upon a medical, dental,
optometric, or chiropractic claim . . . shall
be commenced within one year after
the cause of action accrued.” However,
despite the language which could indicate
otherwise, there is no claim for
psychologist malpractice.
The Ohio Supreme Court held specifically
in the case of Thompson v. Community
Health Centers, [71 Ohio St. 3d 194 (1994).]
that malpractice actions may only be
maintained against physicians, attorneys,
and those additional professionals
specifically designated by the Ohio General
Assembly. The court ruled in the Thompson
case specifically that the shorter limitations
period of O.R.C. § 2305.11 does not apply
to licensed social workers, psychologists or
mental health facilities. Therefore, there is
no action for psychologist “malpractice” per
se, but rather a claim for negligence, which
is governed by § 2305.09(D) cited above.
Many tort actions (and negligence is a
tort action) have what is known as a
“discovery rule,” which can extend the time
for filing of those types of claims. The
purpose of a discovery rule is to allow an
injured person (whether physically or
economically) to have the limitations
period tolled, or extended, because the
court believes justice will be better served
by doing so; for example, because the
injury itself or perpetrator of the injury are
difficult to recognize or identify. However,
the Ohio Supreme Court ruled in Investors
REIT One v. Jacobs, [46 Ohio St. 3d 176
(1989),] that in actions for professional
negligence, the discovery rule does not
apply. In that case, the court was dealing
with negligence of accountants, also a
profession for whom there is no action
for malpractice and, so, analogous to
psychologists.
As with any scenario in which you
become involved in the court system or
fear you may, you should seek legal
counsel immediately.
1 This article does not address the issue
of who among, or whether, the patient’s
family members would have a viable
cause of action against a psychologist
in this circumstance.
2 A cause of action “accrues” when the
injured person knows or should know
that he or she has been injured (whether
physically or economically).
OPA Members in the News
Compiled by Katie Crabtree Thomas, OPA Director
of Communications and Education
• Bobbie Celeste, PhD, spoke with
Columbus radio station 93.3 about Tom
Cruise speaking out against psychiatrists
and medication.
• Daniel L. Davis, PhD, was interviewed
by Seattle News Radio KOMO 1000
regarding violent kids on June 14.
• Member Louise Douse, PhD, was
featured extensively in a “Lantern”
article about the Younkin Success Center,
a counseling center on The Ohio State
University’s campus. Dr. Douce, who is
director of counseling and consultation
services, said stress is the No. 1 reason
students visit the center, and there has
been a gradual increase in the number of
students seeking counseling. However,
Dr. Douce pointed out, “There’s still a lot
of stigma associated with seeking help,”
Dr. Douce said. “I think there are still a
lot of students who think they have to
handle it themselves.” Despite this fact,
the center received over 15,000 clinical
visits in the 2004-05 school year.
• OPA member Pat James, PhD, offered
advice to parents of college students
about independence in a “Columbus
Dispatch” article titled, “Pack Advice,
Too.” Dr. James said, “It’s a good idea for
parents to see this as a new era in their
own lives…Take a class; join a new
group. Think about what you want to do
with your life other than being a parent.”
• Joyce Kubic, PhD, answered questions
about adult ADHD to Channel 3 news
online in Cleveland on July 13. In the
featured story called, “Adult ADHD:
Identifying the Problem and learning
how to live with it,” Dr. Kubic trained
an adult patient on how the ADHD
mind works. OPA member Ken DeLuca,
PhD, diagnosed the patient with a
series of tasks.
• David Lowenstein, PhD, has been
interviewed by a variety of media outlets
in the past couple of months. Dr.
Lowenstein was interviewed by
Westwood One (Infinity Broadcasting) for
Leeza Gibbon’s nationwide radio show
“Leeza Live” on a segment called
“Preparing Your Child for School” on
August 25. He was also interviewed for
the “Norwalk Reflector” about childhood
anxiety. Dr. Lowenstein spoke on Bob
Connors Show on 610 WTVN in
Columbus about back to school anxiety,
and was featured in a Lima News article
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