I was a patient for four days and if my family called or any friends they wouldnt tell me. at 408, 282 P.3d at 731-32. This material may not be published, broadcast, rewritten, or redistributed. A father claims a local psychiatric hospital failed to protect his 6-year-old son, whose mother set him on fire, when it released the woman despite her “propensity to harm” herself or others. negligence in releasing Palmer and not informing him that she was a danger to Your email address will not be published. Murray’s lawsuit is blaming Spring Mountain for their Now, six months later, Murray is asking for a court to hold the psychiatric hospital that allegedly released his ex the same week that she set the fatal fire responsible for what happened, the Las Vegas Review-Journal reports. The lawsuit alleges the treatment center “failed to provide appropriate care and treatment” to Palmer. We therefore affirm in part, reverse in part, and remand. numerous sources. Therefore, drawing every reasonable inference in favor of Szymborski, we hold that his claim for negligent hiring, supervision, and training does not sound in medical malpractice and therefore, does not need to meet the requirements of NRS 41A.071. A 49-year-old man is charged with killing his wife after she was found in her car two hours after he called police to report her missing, according to an arrest report. Trump’s weekly $300 boost coming to jobless this month, 224-mile detour possible for trucks on I-15 between Las Vegas and Utah, Vegas hit ‘Absinthe’ announces return to the Strip. Palmer and Murray, Gavin’s biological parents, ended their relationship when Gavin was 1 and shared custody of the boy. We provide timely information about auto accidents. 1. Since 2001, we have provided acute crisis stabilization and outpatient services to the Las Vegas community and beyond. Deboer, 128 Nev. at 409, 282 P.3d at 730. Copyright 2020 Scripps Media, Inc. All rights reserved. (Katelyn Newberg/ Las Vegas Review-Journal), 1 injured in shooting at Miracle Mile Shops on Strip. However, whether the district court considered this letter is immaterial because the district court had determined that Szymborski's claims were for medical malpractice and the letter did not satisfy the requirements of NRS 41A.071. Murray and Palmer shared custody of their son Gavin, and had not been in a relationship for five years, according to the Review-Journal. Palmer had allegedly been a patient at Spring Mountain a week prior. In the state of Nevada, a Legal 2000 is By extension, if the jury can only evaluate the plaintiff's claims after presentation of the standards of care by a medical expert, then it is a medical malpractice claim. See Weiner v. Lenox Hill Hosp., 673 N.E.2d 914, 916 (N.Y. 1996) (“[M]edical malpractice is but a species of negligence and no rigid analytical line separates the two.”) (internal quotation marks omitted). After being dropped off, Sean vandalized Szymborski's home, causing $20,000 in property damage, then disappeared until his arrest three weeks later. community to hire, train and supervise competent personnel. carbon monoxide poisoning, smoke inhalation, and burns on the body. Police have arrested a 36-year-old man in connection with a late August fatal shooting in central Las Vegas, Metropolitan Police Department records show. Report it here. Help is a Call Away. Gavin died of carbon monoxide intoxication and suffered burns on about 75 percent of his body, according to the lawsuit, which was filed in Clark County District Court against Spring Mountain Treatment Center on behalf of the boy’s father, Sean Murray. herself or their son. See Buckwalter v. Eighth Judicial Dist. dangerous, violent individual who didn’t have the mental capacity to take Court, 122 Nev. 1298, 1304, 148 P.3d 790, 794 (2006); but cf. See Deboer, 128 Nev. at 411-12, 282 P.3d at 731-32 (“[A] healthcare-based corporation's status as a medical facility cannot shield it from other forms of tort liability when it acts outside of the scope of medicine.”). By continuing to browse or by clicking “I Accept Cookies” you agree to the storing of first-party and third-party cookies on your device. Sean James Murray filed a lawsuit in a Las Vegas Court on Wednesday, April 8, against Spring Mountain Treatment Center. By submitting, you agree to our privacy policy and disclaimer. Szymborski attached the Division's report to his complaint, but not an expert medical affidavit. As written at the time of filing, NRS 41A.071 only applied to actions for medical or dental malpractice. For instance, Szymborski alleges that Spring Mountain violated NAC 449.332(4)6 because they did not discharge Sean to a safe environment. Therefore, we conclude that Szymborski's first claim for relief alleges a set of duties and facts for ordinary negligence and should not have been dismissed for want of an NRS 41A.071 medical expert affidavit. Sean James Murray Files Negligence Claim Against Spring Mountain Treatment Center, This article contains incorrect information, This article doesn't have the information I'm looking for, Lenore Robertson Named Casualty in Chico Accident That Injured Two Passengers, Joe White Dies In Single-Vehicle Cherokee County Wreck. Mountain Springs will work with you to develop an individualized treatment plan that addresses your specific needs to provide more efficient, effective healing. 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. death attornies are seeking damages in excess of $45,000. If, on the other hand, the reasonableness of the health care provider's actions can be evaluated by jurors on the basis of their common knowledge and experience, then the claim is likely based in ordinary negligence. The alleged negligence or breach of duty does not involve medical judgment, treatment, or diagnosis, and would not require medical expert testimony at trial. that the mental hospital which treated Renai a week earlier was negligent. Sign up for our free daily Morning and Afternoon Update newsletters. “Clothing was sent to the lab for testing, and gasoline was located on the victim’s clothing,” Metropolitan Police Department homicide Lt. Ray Spencer told the Las Vegas Review-Journal at the time. an involuntary 72-hour psychiatric hold for patients who exhibit the behavior In the case of a medical emergency or crisis, please dial 911 or go to the nearest emergency room. Court, 126 Nev. 200, 202, 234 P.3d 920, 922 (2010) (“NRS 41A.071 imposes an affidavit requirement, which NRS 53.045 permits a litigant to meet either by sworn affidavit or unsworn declaration made under penalty of perjury.”). Or, were you involved in an accident? Accident We need research this (I’ve already contacted the U.N.) ... Spring Mountain Treatment Center Las Vegas, NV. In a newsletter from Spring Mountain, Las Vegas-based Silverton Hotel-Casino is spearheading a development on seven acres of that parcel. However, the Nevada facility in question has denied ever having treated Renai Palmer. After investigation, the Division issued a report crediting Szymborski's claims and finding that Spring Mountain committed multiple violations of NAC 449.332. the report, Gavin sustained burn injuries on approximately 75% of his body. 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. Palmer reportedly had been held on a “Legal 2020,” which means that the treatment facility had the legal right to keep her there for at least 72 hours if she presented a clear and present danger of harm to herself and/or others, according to the state’s Department of Public and Behavioral Health. Hosp., 128 Nev. 406, 409, 282 P.3d 727, 730 (2012). Therefore, with the above principles in mind, we next determine which of Szymborski's claims must be dismissed for failure to attach the required medical expert affidavit, and which claims allege facts sounding in ordinary negligence. Spring Mountain Treatment Center, which provides medical services for behavioral and emotional issues at 7000 W. Spring Mountain Road, did not respond to … at 412, 282 P.3d at 732. Finally, he contends that Spring Mountain failed to follow their own discharge policies in violation of NAC 449.332(1)(b) (mandating that hospitals “develop and carry out policies and procedures regarding the process for discharge planning”). Your email address will not be published. This content is informational only and is not legal advice. SafetyWatch Editors have reviewed the contents of this article for accurate content with fact-checking and strict research guidelines relying on credible sources, research articles and other reputable media outlets. See Mayo v. United States, 785 F. Supp. Szymborski and Sean had a turbulent relationship, and Sean was discharged with diagnoses of psychosis and spice abuse. These sources include, but are not limited to, websites and Murray also says that the treatment center failed to warn him that his ex-girlfriend was violent and lacked the mental capacity to be responsible for her own violent and dangerous actions. We cannot discern a set of duties or facts in this claim based in ordinary negligence. 2d 692, 695 (M.D. B. If a patient requires further treatment, the hospital or treatment center can file a petition to extend the legal hold. Spring Mountain Treatment Center et al Federal Civil Lawsuit Nevada District … This is an appeal from a district court order dismissing a complaint against a medical treatment center for failure to attach a medical expert affidavit pursuant to NRS 41A.071. Id. When it came time to discharge Sean, licensed social workers undertook the discharge planning, but also delegated some tasks to a Masters of Arts (MA). Before the ruling, Murray said he was told that gas was The factual allegations underlying these specific regulatory violations do not involve medical diagnosis, treatment, or judgment.