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Rodriguez-Escobar v. Goss

The court of appeals affirmed the trial court's judgment awarding damages allegedly resulting from a doctor's failure to hospitalize a patient who later committed suicide. The plaintiffs reference no evidence that hospitalization would have prevented the patient's suicide except for whatever time period she was hospitalized. The court of appeals judgment is reversed and rendered. Texas Supreme Court, No. 10-0511, 02-01-2013.

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In this health care liability case, Dr. Diego Rodriguez-Escobar examined Beverly Goss to determine whether she met the criteria for involuntary hospitalization for psychiatric care. He decided she did not and released her. Three days later she committed suicide, which precipitated this suit based on allegations that Dr. Rodriguez-Escobar’s failure to involuntarily hospitalize her was negligence. A jury found against Dr. Rodriguez-Escobar and awarded damages. The trial court rendered judgment on the verdict and the court of appeals affirmed. We reverse and render.

Goss had a history of suicidal behavior. She was depressed because her husband, Danny Goss, left her. On March 17, 2003 she discharged a shotgun inside her bedroom, which resulted in the police coming to her house. She told the officer that she wanted to take her life, so he took her to Texas State Tropical Center (Tropical) for a psychiatric evaluation. See TEX. HEALTH & SAFETY CODE §§ 573.001–.002 (providing that a peace officer may initiate emergency detention proceedings without first obtaining a warrant). Goss received an initial screening at Tropical and was transferred to McAllen Medical Behavioral Health Center (MMBHC), a private hospital. She was admitted to MMBHC on a voluntary basis. See id. §§ 572.001–.005 (providing procedures for patients who are voluntarily admitted for inpatient mental health services).

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