The OP Review November 2005 - Ohio Psychological Association

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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 JUNE 2005 16
called “Helping Your Child Deal with Anxiety.” He also wrote an article called “Preparing Your Child for Kindergarten” that was published in Parenting magazine of New Hampshire; Los Angeles Family Magazine; Columbus Parents Magazine; and, Savannah and Georgia Coastal Family/Parenting Magazine. Dr. Lowenstein also discussed vacation planning with children and how to keep children reading during the summer on the Ohio News Network in July. He was also on WBNS-TV Channel 10 of Columbus to speak about “Handling the Summer Doldrums.” Dr. Lowenstein published an article in September in the Livingston Parent Journal of Michigan titled, “Calming the Kindergarten Jitters.” Lastly, Dr. Lowenstein was featured on WBNS Channel 10 News in Columbus about an incident where a couple locked their 11 adopted children in cages. The couple said the children have serious physical and emotional disorders and extreme measures were necessary. Dr. Lowenstein said confining any child is a bad idea. “Everything I’ve read for the last 30 years doesn’t say when you have special needs kids, put them to sleep in cages. They’re going to be compliant, but there are so many other alternatives.” • Jan Morrison, PhD, was quoted in a “Columbus Dispatch” article called ”Pals Pitch in to Honor Teen” on July 25, 2005. The article was about friends of a 17-year-old who died in a car crash pitching in to raise money in his honor. Dr. Morrison said these activities, “allow them to participate in doing something for the family, and then they are able to release some of their own feelings over the loss. It gives them an outlet.” • Dr. Paula Hartman-Stein, director of the Center for Healthy Aging, has been featured extensively in the news about her work on how improving spelling skills can keep your mind sharp and active. Dr. Hartman-Stein spent three months studying for a spelling bee, and, in the process, noticed her cognitive skills sharpened. Her work on this subject was covered by the “Record Courier” newspaper and More magazaine. • James Orlando, PhD, has been highlighted in various media outlets about sexual offenders. He was quoted in the following newspaper articles: “Learning From Sex Offenders” from “The Canton Repository;” “Japanese TV Vists for Close-Up Look at How Megan’s Law Operates in U.S.” from “The Cleveland Plain Dealer”; “Colored Plates Won’t Unmask All Predators” from the “Plain Dealer”; “Registered Sex Offenders Just Tip of Iceburg” published in the South Side News Leader”; and, “Suburb Bans Sex Offenders in Parks” from the “Plain Dealer.” He was also on WAKR with host Ray Horner and WCPN radio about the topic of sex offenders. Dr. Orlando also was on the following television programs about sexual offenders: Japanese network, TV Asahi; WEWS Channel 5 Cleveland; and, WVIZ/PBS. • After a 15-year-old Pickerington Central football player collapsed from a football conditioning session and died, James Reardon, PhD, helped coaches deal with the boy’s death. He talked to the “Columbus Dispatch” about the situation on June 25. “When a school and team go through something like this, everyone second guesses themselves,” he said. “Part of the reason they do that is because they want to think there is something they could have done to prevent it.” Dr. Reardon concluded, “It’s so devastating because it runs so counter Continued on page 18 > OPA REVIEW 17
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