As such, Szymborski's professional negligence claim against Spring Mountain is grounded in medical malpractice and was properly dismissed for failure to attach a medical expert affidavit pursuant to NRS 41A.071.5, The third claim for relief is titled malpractice, gross negligence, and negligence per se. In this composite claim, Szymborski appears to be asserting a claim for social worker malpractice. 2d 692, 695 (M.D. Murray and Palmer reportedly ended their relationship when Gavin was 1 years old and shared custody of the child. They picked me up like some sort of animal, said Metcalf. While the Virginia State Police continues to investigate these claims, the Governor has directed Secretary of Health Daniel Carey to ensure we are doing everything possible on our end to protect the health and safety of patients.. 2005) (holding that the pre-suit requirements of a medical malpractice claim did not apply to plaintiff's claim for negligent hiring, supervising, and retaining the physician because the claim of sexual misconduct in this case is not a claim arising out of negligent medical treatment); compare with Blackwell v. Goodwin, 513 S.E.2d 542, 545-46 (Ga. Ct. App. Spring Mountain argues as an alternative basis for affirmance that it did not owe a duty of care to Szymborski, a nonpatient third party, to protect him from the property damage caused by Sean. Spring Mountain Treatment Center et al Case Summary On 05/12/2015 Szymborski filed a Government Benefit - Medicare lawsuit against Spring Mountain Treatment Center. See Bryant, 684 N.W.2d at 872. 178 0 obj <> endobj 28 to 30 Day Treatment Program; 60 Days (Two Months) Addiction Treatment Program; Kish described her daughter as outgoing, creative and full of laughter "when she was Brittany" -- when her disorder didn't take over. 2:15-cv-00889 in the Nevada District Court. Additionally, this report stated that the Virginia State Police had been investigating allegations of abuse and neglect and Cumberland Hospital since 2017. 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. KTNV, KSNV and the Las Vegas Review-Journal all report that the lawsuit was filed this week, and alleges negligence by the staff and administration at the Spring Mountain Treatment Center in Las Vegas. 66398 Decided: October 26, 2017 BEFORE PICKERING, HARDESTY and PARRAGUIRRE, JJ. 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). The law also states patients can be held indefinitely for treatment. Szymborski attached the Division's report to his complaint, but not an expert medical affidavit. _Hasync.push(['Histats.start', '1,4714052,4,0,0,0,00010000']); 7 December 2016: BuzzFeed News published an expos on UHS, headlined, LOCK THEM IN. Murrays law firm responded that the allegations in the lawsuit were based on the information available to us. CLOSED, 2019. 47-year-old Renai Palmer locked herself and her son, Gavin, in an upstairs bedroom and started a fire. We cannot discern a set of duties or facts in this claim based in ordinary negligence. Michigan to settle suit over child mental health care; Whitmer earmarks $91M for fixes. Szymborski referenced several documents in his complaint, including the patient continuing care plan, the nursing progress note, and the acute physician discharge progress note, but these documents are not in the record. The Center did not immediately return PEOPLEs request for comment. November 2012 - April 2013: During this five-month period, the Nevada State Health Division substantiated four different complaints against Willow Springs Center regarding mistreatment of patients at a youth residential treatment center (RTC), including abuse, patient rights violations, and use of involuntary seclusion without clinical justification. They were forcing my head into the bed so that I couldnt breathe. Last month, Lynette Kish and her fiance, Jim Coppla, found Brittany submerged in a bathtub full of blood. Deboer, 128 Nev. at 409, 282 P.3d at 730. CLOSED, 2012. 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. A local psychiatric hospital failed to protect a 6-year-old boy whose mother fatally set him on fire when it released the woman despite her propensity to harm herself and/or others, according to a lawsuit filed Wednesday. Instead, a 17-year-old male patient raped her, a lawsuit against Gulfport and UHS, filed in U.S. District Court in Gulfport alleged. Ctr., 775 N.W.2d 326, 332-34 (Mich. Ct. App. 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. He argues that Spring Mountain failed to document that Sean had arranged for a place to live and, therefore, breached NAC 449.332(4) and NAC 449.332(9) (providing that the evaluation of the needs of the patient in discharge planning and the discharge plan must be documented). Neglecting Neglect? Washington City Paper, 27 May 2011, http://www.washingtoncitypaper.com/articles/40912/is-dc-neglecting-neglect/; http://ir.uhsinc.com/static-files/d951bfe5-231b-49f9-9c26-879ef37db354, Hospital Cited for Poor Treatment Plans and Restraining Patients without Demonstrated Justification, UHS Behind Closed Doors, 13 Jul 2011, http://web.archive.org/web/20191130141924/http://uhsbehindcloseddoors.org/complaint_type/hospital-cited-for-poor-treatment-plans-and-restraining-patients-without-demonstrated-justification/, Millwood Hospital Cited for Failing to Provide Safe Environment for Pediatric & Adolescent Patients, UHS Behind Closed Doors, 28 Jul 2011, http://web.archive.org/web/20191130144306/http://uhsbehindcloseddoors.org/complaint_type/millwood-hospital-cited-for-failing-to-provide-safe-environment-for-pediatric-adolescent-patients/, National Deaf Academy Fined $3,000 for Failing to Monitor Employee Practices and Protect Residents, UHS Behind Closed Doors, 14 Jul 2011, http://web.archive.org/web/20191109063338/http://uhsbehindcloseddoors.org/complaint_type/special-needs-resident-secluded-in-closet/ , West Side's Hartgrove Hospital focus of widening Justice Department, Chicago Tribune, 1 Apr. 2015, http://www.chicagotribune.com/news/ct-uhs-probe-hartgrove--20150401-story.html, Mother alleged her Diabetic Son Died Due to Lack of Treatment at NDA, UHS Behind Closed Doors, 31 Jan 2014, http://uhsbehindcloseddoors.org/complaint_type/mother-alleged-her-diabetic-son-died-due-to-lack-of-treatment-at-nda/, Residential Youth Treatment Facility for Medicaid Recipients in Marion, Virginia Agrees to Resolve False Claims Act Allegations: Will Pay $6.85 Million to Settle Allegations of Providing Substandard Adolescent Psychiatric Services, DOJ, 28 Mar. They offer treatment and detox for co-occurring substance abuse issues in teens and adults. 439, 6, at 2527. . 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. A list of 54 investigations by Mt. 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According to court records, former Spring Mountain employee Barry Bergmann pleaded guilty in February 2004 to statutory sexual assault and child abuse and was sentenced to two to 10 years in prison for the incident that occurred in October 2003. Hall Prangle & Schoonveld, LLC, and Tyson J. Dobbs and Michael E. Prangle, Las Vegas, for Respondents. 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. 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. Their deaths were ruled a murder-suicide by the Clark County coroners office. According to federal inspections reports, two male patients were assigned as roommates even though each had documented history of sexual abuse and victimization. The most concerning part was the facilitys response to the police investigation: According to law enforcement sources, Cedar Ridges CEO told officers they dont call police for incidents of sexual assault. &6 A,4fa%3Yh,a?fyR7u3Xx>}|1-'s]6?^7eSe!IGq5k2x[?4Oh|fv w.K&Ev95.c}e=`}-_i_\\p6YK/W7Q?7f`%. v. Second Judicial Dist. [NB: UHS acquired NDA in 2010 from the psych hospital chain Psychiatric Solutions]. It happened on all the units. Hillcrest denied any wrongdoing and no action was taken by the Countys Department of Human Resources. 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 A former Vines employee was also facing prosecution, having been charged with breaking a juvenile patients arm. Timberlawn placed boys and girls in bedrooms near one another. 2013, http://web.archive.org/web/20200129175425/http://uhsbehindcloseddoors.org/complaint_type/patient-placed-in-involuntary-seclusion-without-clinical-justification/, Sara Berres and Lynne Hough, Girls juvenile residential facility shut down, Santa Rosas Press Gazette, 28 Dec 2012, https://www.srpressgazette.com/article/20121228/lifestyle/312289909?template=ampart, Video shows girl, 15, battered in state juvenile prison, St. Augustine Record, 13 Nov. 2013, https://www.staugustine.com/news/local-news/2012-12-13/video-shows-girl-15-battered-state-juvenile-prison#.VT1d1JPCaSo, Abbott Guilty, Santa Rosas Gazette, 16 Mar. Renai Palmer locked herself and her son, Gavin, in an upstairs bedroom and a... Teens and adults, having been charged with breaking a juvenile patients arm in the lawsuit based... 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