Med-Mal in the Mental Health System

Russell Yates argues that his wife fell through the health-care system cracks. But is the system legally accountable? .. Let’s review some information. On March 18, 37-year-old Andrea Pia Yates was sentenced to life in prison for drowning three of her five children. With the conclusion of the trial and the end of the gag order, Russell Yates again voiced his criticisms of the medical community — specifically the mental health system in Texas. From his initial tearful front yard interview with the media just hours after her arrest, made prior to the entry of a gag order by the trial court, to his recent appearance on “Larry King Live,” he blames the health- care system for the deaths of his children and the incarceration of his wife. He claims the system failed to protect his five children from his wife, who was suffering from postpartum psychosis, by failing to timely diagnose, intervene and treat her condition.

In December 2001, on CBS’ “60 Minutes,” Russell Yates expressed frustration with the Devereaux Texas Treatment Network and Andrea Yates’ doctor for allegedly discharging her too soon. In particular, he criticized his wife’s psychiatrist for allegedly taking her off anti-psychotic medication two weeks before the murders and for allegedly failing to hospitalize her two days before the killings.