Lawyer for URVH doctor named in case argues ‘duty of care’ does not extend to family members
A civil hearing at the Court of King’s Bench in Woodstock on Dec. 9 heard the facts disputed about why a Newburg man was discharged from the Upper River Valley Hospital in Waterville shortly before he took his own life.
The lawsuit was launched against Dr. Alaa Al-Sharief, Horizon Health and the River Valley Hospital Corporation following the death of Leonard Black, 49, who died by suicide on May 21, 2018. Black drove at breakneck speed over a steep embankment on Route 105, hitting a gravel screen before plunging his truck into the river, where he drowned.
On May 18, 2018, Black was treated at the Waterville hospital emergency department at 2:54 a.m. for symptoms of anxiety and mental depression. He was prescribed antidepressant and anti-anxiety medication and sent home.
Three days later, Black was taken back to the hospital by his wife (Tammy Black) around 5:30 a.m. and was sent home again by the attending physician (Dr. Alaa Al-Sharief) with three sleeping pills.
Around 2 p.m., as his wife prepared to take him back to the hospital, Black grabbed his keys and drove his truck through their garage door. He headed onto Route 105 at high speed and drove over a 20-foot embankment into the river.
The plaintiffs, Melanie Acott and Tammy Black, claim he should not have been discharged from the hospital due to his mental state. They claim the hospital was negligent and breached its duty of care, which “led to the untimely death of Leonard Black.”
Melanie Acott is the daughter of the deceased. She arrived at the Black home just as her father drove through the garage door and sped away. She followed and watched as he ran his truck into a gravel pit and then off the highway over a vertical slope into the river. She is suing for pain and suffering caused by the trauma of seeing her father die.
Both plaintiffs claim Black needed a more comprehensive diagnosis, testing and treatment for suicidal ideation. They are suing Dr. Al-Sharief for “failing to meet the standard of care by not conducting a full and proper risk assessment on Mr. Black.”
During the hearing on Monday, Jamie Watson, the Saint John lawyer representing Dr. Al-Sharief, told the court that “duty of care” does not extend beyond the doctor-patient relationship. Therefore, she said the doctor could not be held responsible for what the daughter witnessed after Black left the hospital.
“It’s a sad outcome, no question,” said Watson. “The doctor does not owe duty of care to family members. Therefore, there is no claim to be made.”
Watson said a motion to amend the claim from Melanie Acott should be struck from the court record with costs to the plaintiffs. (The purpose of a motion to amend is to change, add or remove words from the original motion to clarify it).
Watson noted Melanie Acott was not at the hospital with her father, and she was not living at home at the time of the incident. Watson added that there was no way for the doctor to know that his patient had a daughter when he treated him in the emergency department.
Dr. Al-Sharief claims he ordered a CT scan and offered to have Black admitted to the hospital until the test was completed. The doctor says Black and his wife both declined and went home. They were to return later that afternoon for the CT scan.
Fredericton lawyer Erica Brown, representing the plaintiffs, argued Black’s wife specifically asked the doctor to keep him in the hospital and send him on to Fredericton by ambulance, but Dr. Al-Sharief refused and “discharged him prematurely.”
“Mr. Black was suffering from acute psychiatric illness,” said Brown. “He did not know his name, age, the date or what day it was. He was confused, agitated, paranoid and had trouble communicating.”
Brown contended Melanie Acott was owed “novel duty of care” because she would not have witnessed her father’s death if he had remained in hospital.
“The law is not settled on whether duty of care can be owed to a non-patient third party,” Brown stated. “It does not say it could never be owed.”
Brown said Dr. Al-Sharief failed to warn Black’s wife of any possible harm he may have been to himself or others, thus placing them all at risk of tragedy.
Dr. Al-Sharief, Horizon Health and the River Valley Health Corporation deny the allegations and put the onus on Black’s wife for taking him home from the hospital.
The plaintiffs are suing for loss and damages arising out of Black’s death, which left Tammy Black a widow with a young child at the time.
Justice Cameron Gunn is expected to file a written decision on the motion to amend within six months.
