Mercer v. HCA Health Serv. of Tennessee, Inc.,
No.M2000-02785-COA-R3-CV (Tenn. Ct. App. Feb. 7, 2002)

A widow sued a hospital and psychiatrist, claiming that her husband's suicide was caused by the negligence of the defendants in releasing her husband prematurely from involuntary commitment. The Tennessee Court of Appeals reversed the trial court's grant of summary judgment in favor of defendants, holding that the psychiatrist was not entitled to absolute immunity for actions undertaken under the state involuntary commitment statutes and that the plaintiff widow alleged facts sufficient to support a claim against the hospital.

The appellate court held that the state legislature chose not to grant immunity to individuals who have acted negligently in the involuntary commitment process, and concluded that considerations of public policy did not require a grant of judicial immunity for doctors involved in involuntary commitment proceedings.

Furthermore, the court held that the plaintiff alleged facts sufficient to support a claim against the hospital. Two registered psychiatric nurses, retained as experts by the plaintiff, testified that the standard of care requiring the treatment team to assess the patient's potential for suicide, to document their observations, and to communicate those observations to each other and to the doctor was breached by defendants. Team members failed to review the medical records of the patient's previous hospitalization, despite hospital policy requiring such review, and the doctor's determination that the patient should be discharged was based solely on a few interviews conducted with the patient.