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. The girl told police that days after she left the facility in September, 2019 Lima sent her messages on social media, including photos of his genitals and of himself shirtless. Clothing was sent to the lab for testing, and gasoline was located on the victims clothing, Metropolitan Police Department homicide Lt. Ray Spencer told the Las Vegas Review-Journal at the time. 2013, http://web.archive.org/web/20130414045138/http://articles.orlandosentinel.com/2013-04-11/news/os-deaf-school-abuse-lawsuit-20130409_1_neglect-abuse-patients, April Warren, The Vines Hospital faces challenges, OcalaStarBanner, 31 Jan 2015, https://www.ocala.com/article/LK/20150131/news/604139858/O, Letter from Dieter Waizenegger, Executive Director of CtW Investments to Mr. John H. Herrell, Lead Independent Director and Chairman of the Audit Committee Universal Health Services, Inc. P.O. 2:15-cv-00889 in the Nevada District Court. Doughty, who later watched the video said he hadnt done anything wrong. Pausing on his crutches, the teen replied that a nurse had told him not to get the cast on his lower leg wet. A list of 54 investigations by Mt. }; "Brittany's always had problems, and we've always done everything we could to get her help," Kish said. Treatment Approaches. Szymborski's final claim for relief is negligent hiring, supervision, and training. The distinction between medical malpractice and negligence may be subtle in some cases, and parties may incorrectly invoke language that designates a claim as either medical malpractice or ordinary negligence, when the opposite is in fact true. CLOSED, 2018. The Provo facility was also in violation for having a seclusion room with a lock on it, according to a notice of agency action. It was also put on conditional status in 2013 after a girl was injured in a restraint, and the Provo campus had the same agency action taken against it in 2012 after staff did not properly watch students and a boy ran away. . Grow your business. In September a lawsuit on behalf of five plaintiffs was filed in Cook County Court against Rock River alleging sexual abuse and rape by staff. Spring Mountain Treatment Center also serves Persons with co-occurring mental and substance abuse disorders and has Spanish, Services for the deaf and hard of hearing available. Although determining whether a patient will likely suffer negative health consequences upon discharge is a medical function, Szymborski's allegations stem from Spring Mountain's failure to follow policies and procedures in the manner that it discharged Sean. (Katelyn Newberg/ Las Vegas Review-Journal), A nice sign: Big Rockies snowpack may boost Lake Mead, Vince Neils former Home Sweet Home in Las Vegas for sale, School Board approves rezoning for 12 campuses, 5 new and upcoming Las Vegas Valley restaurants, Marcel Reece, other executives no longer with Raiders, Argument at Spring Valley park leads to fatal stabbing, Police say suspect in downtown Las Vegas killing had stolen car, Man, 35, found shot dead on bedroom floor in The Lakes, Coroner identifies teen killed outside house party, Woman fatally shot inside her apartment, boyfriend detained by police, Las Vegas man receives life sentence for killing 13-year-old son. 2009) (recognizing that a social worker's and doctor's dereliction of the statutory duty to report abuse was ordinary negligence and did not require an affidavit of merit). Accordingly, I would affirm the district court with regard to counts II and III. But a video showed the Hough familys efforts were met with a hospital staffer saying the facility was seeking to detain her. 277 0 obj <>stream The Judges overseeing this case are Cam Ferenbach and Gloria M. Navarro. 178 0 obj <> endobj Off camera, Vice said, the tech smashed his head into the dresser and then picked up his right foot, the one that was in a cast, and slammed it down to the ground. The family was suing the treatment center, alleging negligent hiring and supervision, attorney Arthur Flangas said. "Juvie was a safe place for her to go, and then we could get her back and start over.". SPRING MOUNTAIN TREATMENT CENTER; AND DARRYL DUBROCA, IN HIS OFFICIAL CAPACITY, Respondents. A medical malpractice statute will not apply to claims for negligent supervision, hiring, or training where the underlying facts of the case do not fall within the definition of medical malpractice. Video evidence showed that the teens were not there; Timberlawn fired the aide, according to inspection paperwork. 2017, https://ewscripps.brightspotcdn.com/c0/cb/356d69014829a3c5b2253ce075a4/police-report.pdf, Psychotherapist at Virginia childrens hospital indicted on sex crimes, WHSV3, Fox affiliate, 6 Feb, 2020, https://www.whsv.com/content/news/Psychotherapist-at-Virginia-childrens-hospital-indicted-on-sex-crimes-567630411.html?ref=411, Jury: Boys death in hospital a suicide, The Pantagraph, 17 Oct. 2003, https://www.newspapers.com/clip/23714237/the-pantagraph/, Failure to Care: A National Report on Universal Health Services Behavioral Health Operations, National Alliance of Professional Psychology Providers, 2006, http://www.nappp.org/pdf/uhs.pdf, Kinder, gentler Mass. f\*( {-S'P93dH#Wv20 b0+X*I%$T Psych wards, The Boston Herald, 24 Mar. "But after Spring Mountain, that's when we lost her for good.". [7]65 to 449.786., The essence of this claim is that Spring Mountain was negligent in discharging Sean in a taxi with only enough money to go to his father's house, without informing his father. The listed causes of death were refractory cardiogenic shock, possible myocarditis, anemia and diabetes mellitusconditions which were caused or exacerbated by the negligence and lack of supervision by personnel at NDA who were responsible for his care and well-being. 7000 W Spring Mountain Rd, Las Vegas, NV 89117 United States, https://springmountaintreatmentcenter.com/, How to respond to a bad review - 5 tips to turn them around, Spring Mountain Treatment Center is owned and operated by Universal Health Services, which is one of the leading hospital management companies in the United States. Here, Szymborski's claims for negligence, malpractice, gross negligence, negligence per se, and negligent hiring, training, and supervision state claims for relief not based in medical treatment or judgment and, therefore, were not for medical malpractice and should not have been dismissed for failure to attach the NRS 41A.071 affidavit. Following Abbotts arrest, the facilitys director, Carol Andrus came under investigation after being accusing of grabbing the neck of a restrained client and throwing the 15-year-old to the ground. Las Vegas, NV 89117. Give Light and the People Will Find Their Own Way, How to get 13 Action News on your Alexa devices. August 2012: In California, UHS paid $4.25 million in 2012 to settle claims that employees at one of its facilities were either inappropriately credentialed or not credentialed at all and that the facility warehouse[d] children while fraudulently billing for the provision of meaningful services. June 2019: The family of a 13-year-old girl was promised a safe environment when she was hospitalized for depression at Gulfport Behavioral Health Hospital in Mississippi. 2017, https://www.buzzfeednews.com/article/rosalindadams/sen-grassley-calls-for-federal-probe-into-troubled-youth, Grassley Continues Inquiry into Psychiatric Hospital Amid Dearth of Details from Accreditor on Response to Reported Problems, Senator Grassley website, 26 May 2017, https://www.grassley.senate.gov/news/news-releases/grassley-continues-inquiry-psychiatric-hospital-amid-dearth-details-accreditor, Shadow Mountain loses court bid to halt SoonerCare contract termination; Report: Shadow Mountain presented a threat to life during recent inspection, slips in accreditation status: Shadow Mountain was deemed a threat to life during recent inspection, Tulsa World, 30 May 2017, http://www.tulsaworld.com/news/health/report-shadow-mountain-presented-a-threat-to-life-during-recent/article_72f3a7a0-c43e-539d-ad58-417767f1d3a2.html, At least five lawsuits target Tulsa psychiatric facility after allegations draw national attention, The Frontier, 11 Sept. 2017, https://www.readfrontier.org/stories/former-employee-patients-sue-tulsa-psychiatric-facility-allegations-draw-national-attention/, State shuts down youth detention center in Crestview, Daily News, 24 June 2017, http://www.nwfdailynews.com/news/20170624/state-shuts-down-youth-detention-center-in-crestview, Lawsuit: Boy, 12, sexually assaulted at DeKalb hospital, Atlanta Journal Constitution, 11 July 2017, http://www.ajc.com/news/local/lawsuit-boy-sexually-assaulted-dekalb-hospital/18rQCaixRqyqjfJrrKNKwO/, Alex Newman, Sexual Assault Investigation at Now-Shuttered Westwood Psychiatric Hospital: Westwood police are investigating an alleged sexual assault at Westwood Lodge, which state officials permanently closed Friday, The Westwood Patch, 30 Aug. 2017 https://patch.com/massachusetts/westwood/sexual-assault-investigation-now-shuttered-westwood-psychiatric-hospital, Massachusetts psychiatric hospital shut down amid sexual assault investigation, Mass Live, 29 Aug. 2017, http://www.masslive.com/news/index.ssf/2017/08/massachusetts_psychiatric_hosp.html, Serious Workplace Hazards at Psychiatric Hospital, Sun News, 14 Aug. 2017, http://web.archive.org/web/20191112063029/https://sunnewsreport.com/serious-workplace-hazards-psychiatric-hospital/, State halts admissions at Lowell psychiatric hospital, The Boston Globe, 12 Sept. 2017, http://198.115.82.77/metro/2017/09/12/state-halts-admissions-lowell-psychiatric-hospital/uI35TIvQkDTN0INlvdIpaK/story.html, Lowell-based mental-health center shutting its doors, The Sun, 8 Feb. 2018, updated 11 July, 2020, https://www.lowellsun.com/2018/02/08/lowell-based-mental-health-center-shutting-its-doors/, Lawsuit: Psychiatric hospital negligence led to teens rape, ABC News, Associated Press, 15 Sept. 2017, http://web.archive.org/web/20170916111956/https://abcnews.go.com/amp/Health/wireStory/lawsuit-claims-psychiatric-hospital-negligent-teens-rape-49873253, Dallas police investigating sexual assault of 13-year-old girl at Timberlawn hospital, Dallas Morning News, 13 Oct. 2017, https://www.dallasnews.com/news/crime/2017/10/12/13-year-old-girl-sexually-assaulted-timberlawn-psychiatric-hospital-dallas, Sue Ambrose, FATHER OF GIRL, 13, SAYS SHE WAS RAPED AT TIMBERLAWN BY TEEN MALE PATIENT, Dallas Morning News, 18 Oct. 2017, https://www.dallasnews.com/news/crime/2017/10/13/father-girl-13-says-raped-timberlawn-teenmale-patient, Sarah Mervosh and Sue Ambrose Raped, fondled, flashed: What female patients say happened to them at Timberlawn psych hospital, Dallas Morning News, 25 Oct. 2017, https://www.dallasnews.com/news/investigations/2017/10/26/timberlawn-history-sexual-assault-reports-13-year-olds-case-surfaced, AFTER LOSING MEDICAID CONTRACT, SHADOW MOUNTAIN HAD FEWER PATIENTS IN ITS CARE, The Frontier, 16 Oct. 2017, https://www.readfrontier.org/stories/losing-medicaid-contract-shadow-mountain-patients-care/, Mark Smith and Brett Shipp, Voluntarily checking into psychiatric hospital, easy. 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