2008 Affiliate President Conference Call Schedule Posted Calls will be held from 12:00 to 1:00 PM on the Thursday prior to the Board of Directors meetings/calls. 2008 Board of Directors Meeting Schedule Posted Family to Family Teacher calls: 2nd Wednesday of the month. If you would like to be on the call, please contact Lisa Moore at lmoore @namitexas.org.

From the Executive Director

A Recent Opinion Issued by the Texas Supreme Court.

Lance Dowell had a history of depression and prior suicide attempt for which he was hospitalized. Two years passed, but then he again was depressed and, again, attempted suicide. The local sheriff in Waco brought Lance to the local hospital (Providence) ER. Lance was given a very cursory examination by the ER nurse (approximately 2 minutes) and no exam by the ER physician who stitched up Lance’s wrists. Lance was discharged and told to go to an outpatient clinic in three days for further follow up. As instructed, he spent the next 24 hours with his family and then told his father he was going to bale hay with a friend. Instead, he killed himself. His suicide occurred approximately 36 hours following his discharge from the ER.

A Waco jury imposed liability on the hospital and doctor. This was affirmed by the Waco Court of Appeals.

The Texas Supreme Court, however, reversed the jury verdict and “rendered”, holding that as a matter of law, Lance’s suicide, occurring 36 hours after the ER was too attenuated causally in time and circumstances, and therefore, the finding of liability against the hospital and doctor was void.

The treatment of mental illness, in this case Lance’s depression and suicidal ideation, is not treated by the majority as a physical illness. No one "times" a physical illness and says you must be ill from a completely separate cause because it's been 36 hours. The majority opinion assumes Lance could control his symptoms, e.g., Lance didn't call before killing himself compared to a man not being able to crawl to the phone when having massive heart attack.

The majority opinion fails to recognize that hospitalization or treatment of depression would have helped Lance and would have most likely prevented his suicide in the near future, instead, requiring that the plaintiffs must show treatment would have resulted in Lance NEVER committing suicide – an absolute that is not required in the instance, for example, of a heart attack victim (plaintiff must only show that “current” heart attack was preventable not that plaintiff will never suffer another heart attack again in the future).

This opinion will, we are afraid, provide carte blanche for the non-treatment of depression/suicide patients by hospitals and physicians. Dowell will serve to insulate them from liability and accountability when mentally ill patients seek help

I URGE you to contact your legislators and policy makers about this decision as soon as possible and express your opinion. MAKE YOUR VOICE HEARD ON THIS IMPORTANT ISSUE!!!!

Robin Peyson
Executive Director
NAMI Texas
rpeyson@namitexas.org

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