Murray and Palmer reportedly ended their relationship when Gavin was 1 years old and shared custody of the child. A lawsuit has been filed against a local psychiatric hospital by the father of a 6-year-old boy who died in a fire. See Fierle v. Perez, 125 Nev. 728, 740, 219 P.3d 906, 914 (2009), as modified (Dec. 16, 2009), overruled on other grounds by Egan, 129 Nev. 239, 299 P.3d 364. A staff member jumped up and blocked her from taking another cell phone photo of her own daughter, citing HIPAA (The Health Insurance Portability and Accountability Act about privacy) concerns. . Roommates or other patients sexually abused another patient without intervention from staff. She seemed happy and stable, her mother said. Pausing on his crutches, the teen replied that a nurse had told him not to get the cast on his lower leg wet. 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). After investigation, the Division issued a report crediting Szymborski's claims and finding that Spring Mountain committed multiple violations of NAC 449.332. Szymborski v. Spring Mountain Treatment Center et al, Court Case No. Copyright 2023, Thomson Reuters. May 2013: Lennox Seepersad, a mental health technician with The Vines Hospital in Florida was charged with aggravated felony abuse of a 13-year old resident whose arm he twisted to the point of causing a spiral fracture. Get more reviews from your customers with Birdeye. May 2013: An employee at a UHS center in Pensacola, Florida, was sentenced to jail after she was caught on camera slamming a young girl into a wall and then sitting on her for 20 minutes. On Oct. 8, within a week of her release, Renai Palmer, 47, would lock herself and her son, Gavin, in an upstairs bedroom of her parents home and ignite a fire, killing them both. 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. A claim is grounded in medical malpractice and must adhere to NRS 41A.071 where the facts underlying the claim involve medical diagnosis, treatment, or judgment and the standards of care pertaining to the medical issue require explanation to the jury from a medical expert at trial. Spring Mountain Treatment Center, which provides medical services for behavioral and emotional issues at 7000 W. Spring Mountain Road, did not respond to a request for comment Wednesday. . NBC News reported there had been complaints from staffers reporting runaways and patients alleging abuse. December 2012: Milton Girls Juvenile Residential facility in East Milton, Florida was closed according to the Florida Department of Juvenile Justice (DJJ), citing significant health, safety and security concerns. Spring Mountain did not inform Szymborski that they were releasing Sean, nor did they inform him that they were sending Sean to his residence that day. At least one employee alleged her supervisors at UHSs The Ridge in Kentucky told her If we didnt have beds, it doesnt matter just go ahead admit them anyway. She said that there was every bed filled on the kid unit, teenagers boarding on the childs unit, and kids sleeping in the dayroom on rubber mats. While some of the provisions in NAC 449.332 invoke medical judgment, the factual allegations in the complaint and the Division's findings demonstrate that Szymborski alleges violations of NAC 449.332 that do not involve medical judgment, treatment, or diagnosis. Therefore, an affidavit was required to connect the patient continuing care plan and other discharge documents with Sean's release in order to determine whether the social worker's conduct fell below the standard of care. Spring Mountain Treatment Center is an Equal Opportunity Employer and as such, openly supports and fully commits to recruitment, selection, placement, promotion and compensation of all individuals without regard to race, color, religion, age, sex (including pregnancy, gender identity, and sexual orientation), genetic information, national . 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. Spring Mountain argues that because Szymborski's claims involve employees of a hospital rendering services, the claims must be for medical malpractice and NRS 41A.071's affidavit requirement applies. 0:00. 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. Four people were killed across the valley in about a 16-hour span, according to the Metropolitan Police Department. In addition, the center offers family, individual and group therapies, nursing care, and medica, This profile is powered by Birdeye. Lynette Kish said she believes the sexual assault was what drove her troubled daughter off the edge emotionally, to a point from which she couldn't return. A week later, on October 8, 2019, Palmer locked herself and Gavin Murray Palmer, the son she shared with Murray, in a bedroom in her parents home, and started a fire. 'key' : 'f8ffe308cb85ac73d9911bb6a3ea357e', The shooting happened on the 9800 block of Venus Lake Court, near Blue Diamond and South Fort Apache roads. Please prove that you're human. The facilitys CEO reported receiving calls about staff needing help but said he was frustrated that a nurse had called him rather than a weekend supervisor. The girl was diagnosed with bipolar disorder when she was 9, Kish said. February 2020: WTVR-CBS 6 reported that a girl named Astrid accused Dr. Daniel N. Davidow, the former medical director of Cumberland Hospital of sexually abusing her. Brittany's suicide was the first in the juvenile detention center since March 1976. 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. 29-26-101 et seq. District Judge Michelle Leavitt set another hearing for March 9 to appoint him a standby attorney through the Clark County public defenders office. But, Szymborski's claim for professional negligence against Spring Mountain sounds in medical malpractice and was properly dismissed for failure to attach a medical expert affidavit. See Burke v. Snyder, 899 So. The suit explains that Murray dropped Gavin off with Renai on October 6. From 2006 to 2016, the lawsuit said, facilities owned and operated by UHS were cited or investigated for inadequate staffing violations on approximately 90 occasions, including Cumberland Hospital on at least one occasion.. Egan v. Chambers, 129 Nev. 239, 243, 299 P.3d 364, 367 (2013). Jeremiah and the staff were struggling while he was in a hold because he was fighting and sliding on the floor in the doorway, according to the report. This followed a report that police records, state inspection reports, and lawsuits, as well as more than 15 current and former employees all declared that Shadow Mountain was a profoundly troubled facility where frequent violence endangers patients and staff alike, where children as young as five are separated from their parents and held in dangerous situations, and where wards lack adequate staffing. In a letter to the inspector general of the U.S. Department of Health and Human Services, Senator Grassley said reports portray a pattern of conduct that is extremely concerning and cast a dark cloud over UHSs ability to properly care for its patients and whether it is properly billing federal programs. In April 2017, Oklahomas Governor Mary Fallin and Senator Jim Inhofe asked the Oklahoma Department of Human Services to investigate Shadow Mountain Behavioral Health over allegations of systemic abuses of patients. The two died in a house fire on Oct. 8 at a west Las Vegas Valley home. Don't miss the big stories. The goal of this section is to provide consumers with a comprehensive resource on class action and mass tort lawsuits. Phone: 702.873.2400. This material may not be published, broadcast, rewritten, or redistributed. Treatment Approaches. He choked on his own vomit but the medical examiner also classified the crime a homicide. Stay up-to-date with how the law affects your life. ?SK February 2020: Herschel C. Harden III, a psychotherapist from Cumberland Hospital was arrested and charged over sexual abuse allegations. Stat., ch. 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. Between 2013 and 2014, The Tribune published many of his articles regarding allegations against UHS behavioral facilities. This is ClassAction.org's current list of open lawsuits and investigations. Murray and Palmer shared custody of Gavin, but had not been a couple for five years. . February 2012: The mother of Bryan Demetrius Montgomery, a developmentally disabled 17-year-old boy, filed suit against NDA for wrongful death and abuse and neglect of a child. Brittany wasn't out of control -- she wasn't throwing a tantrum like she sometimes did. But a video showed the Hough familys efforts were met with a hospital staffer saying the facility was seeking to detain her. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Care Offered. Szymborski and Sean had a turbulent relationship, and Sean was discharged with diagnoses of psychosis and spice abuse. Spring Mountain Behavioral Services | Greater Las Vegas, Nevada Area State Farm Mut. Miles Moffeit, Danger in the psych ward: Safety issues plague a chain of mental-health hospitals in Texas and across the United States, Dallas Morning News, 18 March 2016, http://interactives.dallasnews.com/2016/danger-in-the-psych-ward/. Thus, the gravamen of this claim is that the LSW, an employee of a hospital, failed to render services using the reasonable care, skill or knowledge ordinarily used under similar circumstances. NRS 41A.009. Deboer, 128 Nev. at 409, 282 P.3d at 730. Because the district court's sole basis for dismissal was Szymborski's failure to attach a medical expert affidavit, the question before us is not the validity, sufficiency, or merit of Szymborski's claims. Who Operates This Facility. Only Sean Szymborski can bring such a claim. Szymborski failed to make this argument in his opening brief and thus, we do not consider it. hb```>6 1on3u5N8,gN ``p/XWQx9V87{CzGkECxGSzGjadT4w` 4.Q1q5c3c)V3~WUU]gL^ )6 Co. v. Wharton, 88 Nev. 183, 186, 495 P.2d 359, 361 (1972). The case was settled in mediation in September 2014. Instead, they conduct an internal investigation because they didnt want to upset the children or interfere with their mental health treatment by getting the police involved. Oklahoma statute requires reporting all of such incidents. CHAD is now known as the Oak Plains Academy. Hall Prangle & Schoonveld, LLC, and Tyson J. Dobbs and Michael E. Prangle, Las Vegas, for Respondents. SPRING MOUNTAIN TREATMENT CENTER; AND DARRYL DUBROCA, IN HIS OFFICIAL CAPACITY, Respondents. Davidow had continued as medical director. For instance, Szymborski alleges that Spring Mountain violated NAC 449.332(4)6 because they did not discharge Sean to a safe environment. Facility Type. Szymborski argued in his reply brief that his claims are not and cannot be for medical malpractice, because he was not a patient receiving services at the hospital. Count III alleges malpractice, gross negligence, and negligence per se, and that defendants, including the LSW, [are] entrusted to provide medical care owed to patients and a duty to provide adequate medical treatment. Count III further alleges that the LSW breached the duty of care by discharging the patient in violation of discharge policies and procedures, pursuant to NAC 449.332. Szymborski also cited NAC 641B.225, which defines the standard of care for professional incompetence in the context of social work. Maybe she was going to do this anywhere," Kish added. Jason and Govinda Hough said their teenage daughter, Madison, entered Mayhill voluntarily for depression on a Friday night. 178 0 obj <> endobj 2013, https://www.srpressgazette.com/article/20130326/LIFESTYLE/303269891, Changes Coming to Florida Juvenile Justice System, WCTV.com, 12 Apr.2013, http://web.archive.org/web/20141119061331/http://www.wctv.tv/home/headlines/Changes-Coming-To-Florida-Juvenile-Justice-System--202790431.html, Former Miltona health tech found guilty of sex abuse, Pensacola News Journal, 7 Mar. endstream endobj 179 0 obj <>/Metadata 19 0 R/Pages 176 0 R/StructTreeRoot 35 0 R/Type/Catalog>> endobj 180 0 obj <. January 2018: William Herndon, a mental health technician at North Spring Behavioral Healthcare in Leesburg, Virginia was arrested January 16 on charges of involuntary manslaughter after the state medical examiner concluded that Jeremiah Flemming, the teenage patient he had restrained, died of positional asphyxiation. Eric Blackmon, 40, died from multiple stab wounds during a fight in a shopping center parking lot. 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. The teenage girl who killed herself at the Clark County Juvenile Detention Center on Monday had previously been sexually abused at a juvenile treatment center that was under contract with the state at the time, according to her family, her lawyer and court documents. In March 2014, Parker was found guilty and in April was sentenced to 25 years in prison. A man suspected in a downtown Las Vegas killing was rebooked Friday in connection with a second killing this year. Three separate civil lawsuits were filed against the facility alleging negligence and abuse of children. Palmer and Murray, Gavins biological parents, ended their relationship when Gavin was 1 and shared custody of the boy. Two former employees told CCHR and an NBC News investigation that they personally saw bruising, black eyes and chokeholds used on residents at the facility in 2012, but they felt pressure to cover it up. The suit sought $7 million in punitive damages and $120 million in compensatory damages for bodily injuries, physical pain and mental anguish, disfigurement, future lost earnings and medical expenses. "Juvie was a safe place for her to go, and then we could get her back and start over.". Rosalind Adams, Lawmakers Slam Violence at UHS Hospital In Alabama, BuzzFeed News, 14 Nov. 2017, https://www.buzzfeed.com/rosalindadams/lawmakers-slam-violence-at-uhs-hospital-in-alabama?utm_term=.qq1k7YgB3D#.lhNl0gVPR1. In count III, Szymborski explicitly seeks recovery for actions that fall within NRS 41A.009's definition of medical malpractice and specifically required an affidavit to assess any breach of the standard of care. The death is also being investigated by the Child Fatality Review Committee, which looks at all deaths of minors to see if they could have been prevented. Seeking $127 million in damages, attorneys for the plaintiffs also alleged that Dr. Daniel N. Davidow, the former medical director of Cumberland inappropriately touched young female patients during routine medical exams and that employees and fellow patients physically struck or sexually abused other residents. February 2017: Police investigated a case of sexual assault involving two teenage patients at Cedar Ridge Psychiatric Hospital in Oklahoma City. Spring Mountain Treatment Center is an Equal Opportunity Employer and as such, openly supports and fully commits to recruitment, selection, placement, promotion and compensation of all individuals without regard to race, color, religion, age, sex (including pregnancy, gender identity, and sexual orientation), genetic information, national . October 2019: WTVR-CBS 6 reported that between January and June, two dozen incidents involving ten patients at Cumberland Hospital for Children and Adolescents in New Kent County, Virginia, werent being entered into the states computerized human rights information system or CHRIS. Co. v. Wharton, 88 Nev. 183, 186, 495 P.2d 359, 361 (1972) (in determining whether an action is for contract or tort, it is the nature of the grievance rather than the form of the pleadings that determines the character of the action); Benz-Elliot v. Barrett Enters., LP, 456 S.W.3d 140, 148-49 (Tenn. 2015) (the gravamen of the claims rather than the gravamen of the complaint determines statute of limitations issues because parties may assert alternative claims and defenses and request alternative relief in a single complaint, regardless of the consistency of the claims and defenses). They get away with rude behavior and threaten to move you the worse unit if you are rude to them. 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. January 2017: Children at Palmetto Pee Dee Behavioral Health facility in Florence, South Carolina were allegedly hurt after altercations with staff. The law also states patients can be held indefinitely for treatment. %%EOF Those include incidents of alleged child molestation, abuse and patient escapes. hs.src = ('//s10.histats.com/js15_as.js'); We do not consider this issue, as Spring Mountain raises it for the first time on appeal. Residents said they were knocked out for hours at a time from the meds. See DeBoer, 128 Nev. at 411, 282 P.3d at 731 (Aside from the wide range of medical services healthcare-based facilities provide, they also offer diverse nonmedical services to the public, including, but not limited to, aftercare planning with social workers.).4. 439, 6, at 2527. Administrator for SPRING MOUNTAIN TREATMENT CENTER, located at 7000 W. Spring Mountain Road, Las Vegas, Nevada 89117 6. 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. Box 61558 367 South Gulph Road King of Prussia, PA 19406, 8 May 2015, http://ctwinvestmentgroup.com/wp-content/uploads/2015/05/CtW-to-John-Herrell-UHS-5-4-15-final.pdf, Lorraine Bailey, Severe Abuse Alleged at Illinois Home for Girls, Courthouse News.com, 10 Sept. 2015, http://web.archive.org/web/20150916015519/http://www.courthousenews.com/2015/09/10/severe-abuse-alleged-at-illinois-home-for-girls.htm, Horrors Behind These Walls: Stories of Alleged Physical, Emotional, And Sexual Abuse at Rock River, My Stateline.com, 2 Feb. 2015, https://www.mystateline.com/news/horrors-behind-these-walls-stories-of-alleged-physical-emotional-and-sexual-abuse-at-rock-river-academy/, National Deaf Academy, Hit with Abuse Allegations, is Closing: FBI investigates Deaf Academy for Abuse Claims, NBC News, 14 Sept. 2014, http://www.nbcnews.com/news/us-news/national-deaf-academy-hit-abuse-allegations-closing-n497516, National Deaf Academy in Mount Dora to close, Orlando Sentinel, 14 Jan. 2016, http://www.orlandosentinel.com/news/lake/os-mount-dora-deaf-academy-closes-2-20160114-story.html, Family suing over teen sons death in psychiatric hospital, 11 Alive, 16 Dec. 2017, updated 20 Feb. 2018, https://www.11alive.com/article/news/local/holding-powerful-accountable/family-suing-over-teen-sons-death-in-psychiatric-hospital/85-499825458, Locked on The PsychWard: Lock them in. Bail was set at $500,000. Attorneys are either actively filing these cases or investigating to determine whether lawsuits can be filed. June 2018: WFAA News in Texas did an expose, Against Their Will, alleging that a mother took her 11-year-old son to Millwood hospital seeking help and the hospital detained him without her consent. . 144 people like . I never thought she would take it to this level.. 2d 692, 695 (M.D. Thats what they do. One of the staff who restrained her said that some staff members did hurt patients: When they get off camera, they beat people, he said, referring to the other mental health workers. But in 2015, Kingwood Pines was cited for patient safety and patient rights violations. A list of 54 investigations by Mt. Spring Mountain nurses also documented that Sean did not want to live with his father, noting that he grew agitated when talking about his father and expressed trepidation about returning to his father's home. Spring Mountain Treatment Center provides acute crisis stabilization and outpatient services. Ann. July 2020: The Legal Herald reported that Cumberland had placed Davidow, who had been medical director since 1996, on a temporary leave of absence following an investigative report that alleging hed sexually abused one child. Physicians are on the medical staff of Spring Mountain Treatment Center, but, with limited exceptions, are independent practitioners who are not emplo . Spring Mountain Treatment Center offers hospital inpatient treatment and partial hospitalization/day treatment and is categorized as a psychiatric hospital or psychiatric unit of a general hospital. If a patient requires further treatment, the hospital or treatment center can file a petition to extend the legal hold. Lynette. You have no idea when youll see your family again. The facility billed his mothers insurance company more than $11,000 for the unwanted stay. Instead, the issue is whether the claims are for medical malpractice, requiring dismissal under NRS 41A.071, or for ordinary negligence or other ostensible tort. Copyright 2019 Las Vegas Review-Journal, Inc. | Privacy Policy | Terms of Service, Photos of Gavin Murray Palmer, who died in a house fire, during a candlelight vigil in his memory at Centennial Hills Park in Las Vegas on Oct. 11, 2019. 2012, http://www.justice.gov/opa/pr/residential-youth-treatment-facility-medicaid-recipients-marion-virginia-agrees-resolve-false, Young Patient Assaulted by Patient with History of Assaults, UHS Behind Closed Doors, 4 Apr 2012, http://web.archive.org/web/20191130082430/http://uhsbehindcloseddoors.org/complaint_type/young-patient-assaulted-by-patient-with-history-of-assaults/, Amicus Brief, Bazelon Center (Mental Health Law), Supreme Court of the United States, p. 17, https://www.scotusblog.com/wp-content/uploads/2016/03/15-7bsacJudgeDavidL.BazelonCenterForMentalHealthLaw.pdf, Nevada Agency Substantiated 4 Incidents of Abuse and Mistreatment in 5 Months, despite repeated pledges by facility to improve, UHS Behind Closed Doors, 3 Apr. 176 0 R/StructTreeRoot 35 0 R/Type/Catalog > > endobj 180 0 obj < > /Metadata 19 0 R/Pages 176 R/StructTreeRoot... 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