Suit claims negligence in ‘tackling’ of mental patient

States man was injured when he tried to leave

Anew lawsuit says a man with a history of mental illness was “unreasonably” tackled by security guards when he tried to leave Christus St. Vincent Regional Medical Center earlier this year, resulting in lasting injuries.

The patient “now faces the prospect of having ongoing problems the rest of his life,” says the suit filed earlier this week in state District Court.

Christus St. Vincent spokesman Arturo Delgado said in response to a question about the suit that he hadn’t seen the court complaint, “but I can assure you that Christus St. Vincent strives to provide the appropriate care to all patients presenting in our emergency department.”

“Each patient is unique, and we are committed to the safety of all our patients and all our employees,” Delgado said.

The Journal is not identifying the patient who is the plaintiff because of the suit’s description of his behavioral health problems, including a diagnosis of schizoaffective disorder, which

is characterized by symptoms of schizophrenia, such as hallucinations or delusions, and of mood disorder, such as mania or depression.

The lawsuit filed on behalf of the patient by attorney Lee Hunt says the man was taken to the emergency room on April 18 while “described as psychotic and delusional.”

The next day, after being admitted to a medical floor at the hospital, the patient didn’t answer questions during a psychiatric consultation and just stared at the wall. The psychiatrist concluded that the man’s “insight and judgment where significantly impaired” and recognized a risk that the patient might try to leave the hospital, the suit states.

The psychiatrist suggested to the patient’s case manager that the she should start the process of referring the patient to the New Mexico Behavioral Health Institute in Las Vegas, the state mental hospital. A “sitter” was provided “due to concerns of suicide.”

The patient was placed in a room “that apparently had access to a balcony, even though he was on suicide watch,” the suit states.

On the morning of April 20, the patient tried to leave the facility and security was called. The responding guard tackled the man, who suffered a fracture, underwent hip surgery and required a lengthy rehab.

The lawsuit maintains that the hospital should have taken precautions “before even getting to the point that security felt that they had to physical restrain” the patient.

“Additionally, the fact that security felt compelled to ‘tackle’ (the patient) during what has been described as an ‘altercation’ represents inadequate training, inadequate staffing, inadequate policies and a cultural disregard for the appropriate way to manage patients in (this man’s) condition.”

The man was treated “like a prisoner rather than a patient,” the lawsuit argues. The suit seeks compensatory and punitive damages.