Aldridge v. Greenbrier Hosp.

385 So.3d 712

2023-0526 (La.App. 1 Cir. 3/13/24)

Valerie Dreuil ALDRIDGE

v.GREENBRIER HOSPITAL, L.L.C., Office of the St. Tammany Parish Coroner, Charles Preston, M.D., in His Capacity as the St. Tammany Parish Coroner, Kela Bickham D.N.P., Jose Rodriguez, M.D., and Balminder S. Mangat, M.D.

NO. 2023 CA 0526

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: March 13, 2024

Appealed from the 22nd Judicial District Court, In and for the Parish of St. Tammany, State of Louisiana, Docket No. 2017-13881, The Honorable Vincent J. Lobello, Judge Presiding

Sara G. Ford, Marc D. Winsberg, Robin Penzato Arnold, New Orleans, Louisiana, Counsel for Plaintiff/Appellant, Valerie Dreuil Aldridge

Raymond R. Egan III, Metairie, Louisiana, Counsel for Defendants/Appellees, Kela Bickham, D.N.P., Jose Rodriguez, M.D., Balminder S. Mangat, M.D., in his individual capacity

Carl E. Hellmers III, Joshua J. Spencer, Max L. Schellenberg, D. Burke Stough, Stephanie D. O’Brien, New Orleans, Louisiana, Counsel for Defendants/Appellees, St. Tammany Parish Coroner’s Office

through its Coroner, Dr. Charles Preston, individually and in his capacity as Coroner of St. Tammany Parish, and Dr. Balminder Mangat

Bryan D. Scofield, James T. Rivera, Jessica L. Wimberley, Lafayette, Louisiana, Counsel for Defendant/Appellee, Greenbrier Hospital, L.L.C.

BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

MILLER, J.

₂This matter is before us on appeal by plaintiff, Valerie Dreuil Aldridge, from a judgment of the trial court granting defendants’ motions for summary judgment and dismissing her claims against defendants with prejudice. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Ms. Aldridge instituted this suit for damages against Greenbrier Hospital, L.L.C.,¹ the Office of the St. Tammany Parish Coroner,² Dr. Charles Preston, in his capacity as the St. Tammany Parish Coroner, Deputy Coroner Dr. Balminder S. Mangat, Lakeview Regional Medical Center, Dr. Kevin G. Erwin, Dr. Jose Rodriguez, and Doctor of Nurse Practitioner Kela Bickham, alleging that she was improperly involuntarily committed to Greenbrier as the result of an Order of Protective Custody ("OPC") issued by the St. Tammany Parish Coroner’s Office at the request of her estranged husband, James Aldridge.³ Ms. Aldridge contended that in requesting protective custody, Mr. Aldridge alleged that Ms. Aldridge had ingested 45 Loratabs or Oxycodone within the span of a week; that she was paranoid, stating that her husband was going to harm her; and that she was ₃anxious, stressed, and experiencing crying spells and extreme anger. Ms. Aldridge alleged that the OPC indicated that Mr. Aldridge believed her to be a danger to herself and others and reported the basis for this belief as substance abuse of Loratab and Oxycodone, paranoid, rapid mood swings, extreme anger outbursts and anxiety.

On May 5, 2016, the OPC was executed by a St. Tammany Parish Sheriff’s Deputy who Ms. Aldridge contends involuntarily removed her from her family home and transported her to Lakeview Regional Medical Center ("LRMC") for evaluation. Ms. Aldridge alleged that upon arrival to LRMC she underwent a comprehensive drug screen, which resulted in negative findings for opioids, illicit drugs, and illegal and/or non-prescribed medications. She was further evaluated by Dr. Kevin G. Erwin, whose report indicated that she was not suicidal or hallucinating and contained no indication that she was a danger to others. Ms. Aldridge alleged that Dr. Erwin’s report indicated that he contacted her general physician, Dr. Geraldine Payne, who informed Dr. Erwin that Ms. Aldridge was in a violent relationship and had been in danger of being hurt by her husband in the past. However, she alleged that Dr. Erwin insisted that she be placed under a physician’s emergency commitment ("PEC") primarily due to the "volatile environment" described by Dr. Payne.

Ms. Aldridge contends that on May 6, 2016, she was admitted to Greenbrier and remained there until May 9, 2016, despite the fact that at no time did she test positive for any illegal or nonprescribed medications, nor did any physician make any substantiated findings that she was a danger to herself or others. Ms. Aldridge alleged that upon her arrival at Greenbrier she was evaluated and admitted with the assistance of Greenbrier staff. She alleged that Greenbrier’s "Face Sheet" on her chart indicated an admitting diagnosis of bipolar disorder, but said diagnosis was not attributed to or signed by any physician. Ms. Aldridge alleged that she had ₄never received a diagnosis of bipolar disorder in her entire medical history and that regardless of this false diagnosis, she was not administered any course of treatment or medication for this mental illness while at Greenbrier. DNP Bickham conducted a psychiatric evaluation of Ms. Aldridge on May 6, 2016. Ms. Aldridge alleged that DNP Bickham’s report indicated that she was cooperative and displayed no signs of suicidal or homicidal ideation and diagnosed her with acute stress disorder and generalized anxiety disorder. According to Ms. Aldridge, DNP Bickham’s report failed to mention any of the allegations in the OPC, which would cause her to be a danger to herself or others, nor does she mention the admitting diagnosis of bipolar disorder. Ms. Aldridge contended that, despite the lack of medical findings necessary to meet the criteria for continued hospitalization, Dr. Rodriguez, DNP Bickham, and the Greenbrier staff caused her to remain at Greenbrier for three more days "under a false diagnosis spawn[ed] from a fraudulent OPC."⁴

Ms. Aldridge further alleged that she was examined on May 7, 2016, by Deputy Coroner, Dr. Mangat. Ms. Aldridge alleged that Dr. Mangat completed a Coroner’s Emergency Certificate ("CEC") after spending "no more than five minutes in [her] presence" before "rubber-stamping her prolonged involuntary commitment." She contended Dr. Mangat failed to address the medical records that indicated she had tested negative for any illegal or non-prescribed medications and that she was not suicidal, causing her to remain at Greenbrier for two more days. She further contended that the Coroner and his office wrongfully issued the CEC based on an unsupported allegation and that Dr. Mangat was negligent in failing to determine her legal status during his assessment where Ms. Aldridge had twice executed voluntary admissions, which she contends would have barred ₅involuntary admission. On May 9, 2016, Ms. Aldridge was seen by Dr. Rodriguez, who ultimately discharged her that afternoon.

Ms. Aldridge contended that her involuntary commitment was based on a false diagnosis of bipolar disorder, which was unrelated to any of Dr. Erwin’s findings or the OPC’s allegations of extreme substance abuse and being a danger to herself and others. She further alleged that the gross misconduct of Greenbrier, its employees, and the Coroner medical providers who admitted her under this false diagnosis, wholly disregarding the negative results of the comprehensive drug screen taken at LRMC, caused her to remain there over three days resulting in irreparable injury.

At the time of her commitment, Ms. Aldridge, who is a licensed registered nurse, owned and operated a furniture and interior design business. She alleged that as a result of her improper commitment and confinement, she lost significant time from the operation of her business, her nursing license renewal was placed at risk, and her children were placed at risk while in the care of her "estranged and abusive" husband. Ms. Aldridge thus sought damages for mental suffering, medical expenses, lost wages and/or income, and all other damages allowed by law.

Dr. Erwin filed a motion for summary judgment contending that Ms. Aldridge could not meet her evidentiary burden under Louisiana’s Behavioral Health Law, codified as La. R.S. 28.1, et seq., of establishing that Dr. Erwin breached the emergency standard of care and acted with willful or wanton negligence or gross misconduct, which proximately caused her injuries. The trial court granted the motion for summary judgment and dismissed Ms. Aldridge’s claims against Dr. Erwin with prejudice. Motions for summary judgment were subsequently filed by the remaining defendants.

₆On July 28, 2022, Greenbrier filed a motion for summary judgment contending that Ms. Aldridge’s claims against it should be dismissed because Ms. Aldridge failed to establish that Greenbrier breached the applicable standards of care and was grossly negligent, and that Greenbrier is not vicariously liable for any alleged acts or omissions of DNP Bickham or Dr. Rodriguez. In support of its motion, Greenbrier attached: (1) Ms. Aldridge’s supplemental discovery responses to Greenbrier; (2) Ms. Aldridge’s supplemental responses to Greenbrier’s requests for admission, along with the PEC, CEC, Mr. Aldridge’s Request for Protective Custody, and OPC; (3) deposition excerpts of Ms. Aldridge; (4) deposition excerpts of Dr. Erwin; (5) the affidavit of Greenbrier Chief Financial Officer, Janice Adams; and (6) the Associate Director Agreement between Greenbrier and Dr. Rodriguez.

On August 1, 2022, defendants Dr. Preston, individually, and in his capacity as the St. Tammany Parish Coroner, Dr. Mangat, DNP Bickham, and Dr. Rodriguez filed a motion for summary judgment contending that Ms. Aldridge was unable to meet her burden at trial under La. R.S. 9:2794, La. R.S. 13:5713(L),⁵ and La. R.S. 28.1, et seq., which require that she establish that the defendants demonstrated willful or wanton negligence or gross misconduct necessary to prevail on liability and to further overcome the express immunity provisions applicable to the Coroner and his employees.

In support of their motion, the defendants attached: (A) Mr. Aldridge’s Request for Protective Custody; (B) LRMC’s PEC; (C) deposition excerpts of Dr. Erwin; (D) the PEC; (E)...