ALE [BOONE ciRcUIT/DISTRICT COURT COMMONWEALTH OF KENTUCKY FEB 03 2016 BOONE COUNTY CIRCUIT COURT DIANNE MURRAY, cLER DIVISION # ya NEARY aT CASE NO. IG- C7 TS SHELLY WHITEHEAD. Plaintiff vs. SAINT ELIZABETH MEDICAL CENTER, INC. One Medical Village Drive Edgewood, Ky. 41017 Serve Agent for Process of Service Robert M. Hoffer 207 Thomas More Pkwy Crestview Hill, Ky 41017-2596 DR. ERIC T. RICHARDSON Serve via Sheriff at: St. Elizabeth Physician Services, LLC 334 Thomas More Parkway, Suite 200 Crestview Hills, KY 41017 MILLS, SHERMAN, GILLIAM. AND GOODWIN, P.S.C. 1 Medical Village Drive Edgewood, Kentucky 41017 srve Agent for Process of Taft Service Solutions Corp, 1717 Dixie Highway Covington, Kentucky 41011 lervice Defendants COMPLAINT WITH JURY DEMANDJURISDICTIONAL ALLEGATIONS 1. Defendant, Saint Elizabeth Medical Center (hereinafter “St. Elizabeth”) is a hospital operating a psychiatric facility and psychiatric unit, and provides services for the ‘mentally ill as defined by KRS 202.011, KRS Chapter 202A, and 901 KAR 20:180. 2 Defendant, Dr. Eric T Robinson, is an “authorized staff physician” and agent of St. Elizabeth, a “qualified mental health professional” as defined by KRS 202.011, a person as defined by KRS 202A.991, and an agent of St. Elizabeth Physicians, LLC., and an ‘employee/member of Defendant, Mills, Sherman, Gilliam, and Goodwin, PSC. 3. Social Worker, Karen Thompson, is a “qualified mental health professional” as, defined by KRS 202.011, a person as defined by KRS 202A.991, and an agent of St, Elizabeth, 4, Social Worker, Beth Randazzo, is a “qualified mental health professional” as defined by KRS 202.011, a person as defined by KRS 202A.991, and an agent of St. Hlizabeth. 5. Registered Nurse Sheryl List, is a person as defined by KRS 202A.991 and an agent of St. Elizabeth. 6. Registered Nurse Carolyn Griffin is a person as defined by KRS 202.991 and an agent of St. Elizabeth, 7. Licensed Nurse Practitioner Josephine Owens is a person as defined by KRS 202A.991 and an agent of St. Elizabeth, 8. Registered Nurse Laura Whitson is a person as defined by KRS 202.991 and an agent of St. Elizabeth, 9. Certified Nursing Assistant Sandra L. Ceder is a person as defined by KRS 202A.991 and an agent of St. Elizabeth. 10, Registered Nurse Rebecca Breeze is a person as defined by KRS 202A.991 and an agent of St. Elizabeth, 11, Registered Nurse Mary Jane Schaum is a person as defined by KRS 202A.991 and an agent of St. Elizabeth,12, Registered Nurse Christopher Thomas is a person as defined by KRS 202A.991 and an agent of St. Elizabeth. 13. Atall times relevant to this action Plaintiff was a “patient” as defined by KRS 202A.011, FACTS RELEVANT TO ALL CAUSES OF ACTION 14, Atall times relevant to this action Plaintiff was an employee of St. Elizabeth Medical Center, Inc, 15. In July 2015, Plaintiff took personal time from work following several stressful ‘occurrences in her place of work. 16, Plaintiff was on leave from work when the facts giving rise to this Complaint situation transpired. Events of July 8", 2015 17. On July 8, 2015, Plaintiff took her daughter to St. Elizabeth Edgewood Emergency Room for immediate evaluation for depression and suicidal thoughts. 18. Plaintiff's daughter was assessed by the staff and later admitted to the St. Elizabeth Edgewood Behavioral Health Unit (“BHU”) for evaluation and 72-hour suicide watch, 19. Plaintiff displayed obvious dismay for her daughter’s health issues as she sat by her bedside, as any parent having to watch their child deal with such issues would. 20. Asa part of the routine assessment process, a social worker visited with Plaintiff’ s daughter in her hospital room, Plaintiff was present in the room when the Social worker talked with Plaintiff's daughter. During this assessment of Plaintiff's daughter, Plaintiff was upset and crying about what her daughter was saying. 21. The social worker then left the room for a moment. When she returned, she informed both Plaintiff, and her daughter, that they were being subject to a 72 hour hold. Plaintiff was at the hospital to support her daughter, and at no point did Plaintiff ever talk to the social work or any St. Elizabeth personnel about herself as she was taken to a locked off room. 322. . At 8:44 PM, Plaintiff was admitted to the Hospital and an electronic medical chart was established for her. 23. At 8:49 PM, Emergency Room Doctor, Dr. Eric T. Richardson made two laboratory orders for the Plaintiff to have an alcohol medical test and a drug abuse urine screen, 24, At 9:07 PM, Nurse Sheryl List enters notes that Plaintiff is not attempting or threatening stiicide/self-harm or at risk for suicide. 25. At 9:09 PM, Social Worker, Karen Thompson, charted in the Plaintiff's chart that. Plaintiff had admitted at her daughter's bedside to telling her daughter that she was having suicidal thoughts which led to her daughter having an episode that landed her at the hospital; Plaintiff asserts that she told the social worker that she told her daughter, “sometimes I think it would be better if I were not here” referring to problems at her work. 26. This chart entry, by Karen Thompson, further indicated that Karen Thompson recommended Plaintifi’s admission to the St. Elizabeth Florence’s BHU and that the Plaintiff ‘was in full cooperation; Plaintiff stipulates that she was not given any other options, as she was informed that she was being held in an involuntary 72 hour hold. [emphasis added] 27. Additionally, Karen Thompson charted that she contacted Plaintiff's psychiatrist Dr. Kl that Dr. Kline informed her that he was told that she was being admitted. [emphasis added] e and he expressed “strong agreement” for Plaintiff's hospitalization; Plaintiff indicates 28. Plaintiff did not make such statements incorporated in Karen Thompson's charted notes. 29. At9:12 PM, Dr. Bric’. Richardson charted in the Plaintiff's chart that Plaintiff brought her daughter in to the Emergency Room for psychiatric evaluation and told him, personally, that Plaintiff had expressed to her daughter that she was very depressed about her employment and was thinking about killing herself. 30, Plaintiff did not even see or talk to Dr. Eric Richardson for an evaluation or treatment on July 8" and 9", 2015.31. At 9:15 PM, Dr. Richardson entered an order for a 72 Hour Involuntary ‘Hospitalization. (A handwritten order may have been added to Plaintiff's chart at a later date). 32. At 9:39 PM, Dr. Richardson electronically signed an Admission Order stating that the Admitting Physician Dr. Rodney E. Vivian was admitting the Plaintiff for inpatient treatment in the Behavioral Health Unit at St. Elizabeth, Florence; Plaintiff states that she did not see or speak to Dr. Vivian until the next afternoon upon her discharge from St. Elizabeth, Florence, at which time he informed Plaintiff that “he did not know why I was there.” 33. At 9:44 PM, Dr. Rodney Vivian from St. Elizabeth Florence ordered a bed request and admission for the Plaintiff, Conveniently, however, this order request was not electronically signed by Dr. Vivian Suntil July 21, 2015, approximately 13 days after the order was executed. 34, At no point up to this point was the Plaintiff informed of who her treating physician was, her diagnosis, or what her treatment entailed, 35. At 9:44 PM, Plaintiff was given an assignment of benefits and statement of financial responsibility to sign, 36. At 10:00 PM, Social Workers, Karen Thompson denotes in Plaintiff's chart that she performed a mental health assessment; however, Plaintiff asserts that this assessment was never completed. [Emphasis added] This was the first record of any mental health assessment allegedly being performed. It occurred nearly two hours after the Plaintiff had been involuntarily admitted, and was allegedly performed by someone that was not a licensed physician, 37. Ator around 10:43 PM, Rural Metro EMS was dispatched to transport the Plaintiff from the St. Elizabeth Edgewood to the Florence location, Events of July 9", 2015 38. On July 9, 2015 at 1:45 AM, Plaintiff, upon arrival at the Florence Behavior Health Unit, refused to sign the Mental Health Unit Patient Rights form and the Patient Acknowledgment of Information Confidentiality form; Plaintiff refused to sign documents in support of her involuntary commitment, [Emphasis added]39. At 2:08 AM, Nurse Carolyn Griffin charts that Plaintiff is not a danger to herself or others. ent 40. At2:10 AM, Nurse Carolyn Griffin charts that Plaintiff's mood is inconsis with the state of illness, that she is fearful of being detained at the hospital for an extended period of time, and that is coping with the recent disruption to her support system. (Emphasis added) 41. At2:20 AM, Nurse Carolyn Griffin printed a plan of care for Plaintiff. This plan demonstrates that the Plaintiff signed the plan of care on July 9"; however it is unclear from the records whether the care plan was explained or provided to Plaintiff at the time when Nurse Griffin printed it, or later upon discharge as she signed multiple documents to be released. 42, Additionally, this care plan demonstrates that Dr. Rodney Vivian signed this care plan denoting his agreement and support of this plan. The Plaintiff, however, asserts that she did not see Dr. Vivian until she was discharged, suggesting that Dr. Vivian signed her treatment plan by relying on the medical assessment of a social worker without medical training without conducting his own assessment of the patient. 43, At 2:29 AM, Nurse Carolyn Griffin charts that Plaintiff expressed suicidal ideation without plan but that the Plaintiff denied any such suicidal ideations and that no self- injurious ideation or behavior indicators were expressed or observed; this chart entry was just 19 minutes after Nurse Carolyn Griffin charted that the Plaintiff's mood was inconsistent with the state of her “illness.” (Emphasis Added) 44, At 2:57 AM, LPN Josephine Owens charts that Plaintiff's overall risk of suicide is a1 (ona scale of 1-10), which is extremely low and denotes that the Patient will not kill themselves (emphasis added). This entry also denotes that Plaintiff had from the onset of the entire admittance disputed that she should be there and objected to her involuntary admission. 45. At 6:07 AM, Nurse Carolyn Griffin charts that Plaintiff swears that she was never seen by a physician and that the Plaintiff denies being suicidal.46, At 8:45 AM, Nurse Laura Whitson charts that Plaintiff has no suicidal ideation and that she has not expressed or observed any self-injurious ideation or behaviors. 47. At 9:49 AM, Nurse Laura Whitson charts that she met with Plaintiff and that the Plaintiff was distressed over being there because she was not at that point or any time suicidal. 48. At 12:08 PM, Dr. Vivian's discharge notes stipulate that the Plaintiff states that she was not now, nor had she ever been suicidal, that there was not sufficient criteria for tveatment, and that the Plaintiff was released per her request (emphasis added). 49. Plaintiff asserts that this interaction upon discharge was the first time that she had been seen by a physician. 50, At 12:45 PM, Plaintiff signed the same assignment of benefits and statement of financial responsibility that she did the night before in Edgewood. =) At 1:58 PM, Social Worker, Beth Randazzo charted that she met with the Plaintiff; Plaintiff denies ever having met with Beth Randazzo. 52. At 2:46 PM, Nurse Laura Whitson charted that Plaintiff was discharged. 53, Plaintiff's entire medical record is inconsistently documented and there are substantial inconsistencies throughout. Dr. Vivian's discharge notes indicate that Patient had no family history of medical illness which is directly inconsistent with Karen Thompson’ notes. 54, Additionally, Dr. Richardson, Karen Thompson, and Dr. Vivian individually charted inconsistent accounts of the initiating incident that led to the Plaintiff being involuntarily admitted to the Mental Health Unit. 55, The only mental health assessment that was allegedly performed on the Plaintiff ‘was the one that was completed by social worker, Karen Thompson. Again, the Plaintiff asserts that this assessment was never done. 56. The only physician that saw the Plaintiff was Dr. Vivian upon the Plaintiff's discharge,57, Between her admission and discharge from St. Elizabeth, only Social Worker ‘Thompson charted Plaintiff was a danger to self or others. COUNTI VIOLATION OF KRS 202.026 AND 202A.031 | ACTIONABLE PURSUANT TO KRS 446.070 AGAINST ALL DEFENDANTS 58. Plaintiff reiterates, re-alleges, and incorporates by reference each allegation contained in Paragraphs 1 through 57 as though rewritten verbatim herein. 59. Plaintiff was not a'mentally ill person who presented a danger or threat of danger to self or others, hospitalization was not the least restrictive alternative mode of treatment for her depression, and Plaintiff did not meet the criteria for involuntary hospitalization. 60. St. Elizabeth failed, within twenty four (24) hours after Plaintiff's admission, to include in Plaintiff"s medical record, a certification by an authorized staff physician that in his/her opinion Plaintiff should be involuntarily hospitalized. 61. While Plaintiff's chart reflects that Emergency Room Dr, Richardson denoted that Plaintiff told him that she was depressed from work and thought about killing herself, Plaintiff vehemently denies being seen by any physician prior to Dr. Vivian at discharge, suggesting that Dr. Richardson's recommendation for involuntary hospitalization was based on hearsay froma third-party without a medical background. 62, Such lack of evaluation by a physician calls into question the overall effectiveness of the physician’s certification denoted in the Plaintiff's chart regarding her need for involuntary hospitalization, 63. Additionally, the 72 Hour Involuntary Hold Form was scanned into the medical record two days after Plaintiff's discharge from the MHU. COUNT VIOLATIONS OF KRS 202A.171 ACTIONABLE PURSUANT TO KRS 446.070 ALL DEFENDANTS 64, Plaintiff reiterates, re-alleges, and incorporates by reference each allegation contained in Paragraphs 1 through 63 as though rewritten verbatim herein. 865. Plaintiff was not given a mental health assessment by a physician, but rather was only evaluated by a social worker without medical training. At no time did the Plaintiff meet the criteria for involuntary hospitalization, 7 66, Alternatively, even if Plaintiff did initially meet the criteria for an involuntary hospitalization, Plaintiff was held for a disproportionate amount of time. 67. Plaintifi’s chart clearly indicates that at 9:07 PM on July 8, 2015, Nurse Sheryl List charted a note indicating that Plaintiff was NOT attempting or threatening suicide or self harm and was not a risk of suicide (emphasis added). 68. This starkly contradicts with the Social Worker's note that was charted shortly after indicating that she was a threat to herself, Such conflicting reports of the Plaintiff"s mental state should have triggered a physicians evaluation, however no such evaluation ever took place. 69. At the time Plaintiff requested to leave the MHU, Plaintiff had not voluntarily agreed to admission, and she did not meet the criteria for involuntary hospitalization, 70. As a result of Defendants’ actions Plaintiff was involuntarily held against her will and suffered damages. COUNT III VIOLATIONS OF KRS 202A.191 ACTIONABLE PURSUANT TO KRS 446.070 AGAINT ST. ELIZABI 7. — Plaintiff reiterates, re-alleges, ind incorporates by reference each allegation contained in Paragraphs 1 through 70 as though rewritten verbatim herein, 72. St, Elizabeth breached its duty to ensure its admission and discharge policies were consistent with KRS Chapter 202A. 73. St. Blizabeth breached its duty to ensure Plaintiff's rights, pursuant to KRS Chapter 202A, were protected. 74, St. Elizabeth breached its duty to ensure a complete assessment and psychiatric evaluation of Plaintiff were conducted and that any involuntary admission be based on a provisional or admitting psychiatric diagnosis documented in the medical records.75. Defendants failed to notify Plaintiff of her rights pursuant to KRS 202.101. 76, — Defendants violated Plaintiff's right: to assist in the development of her treatment plan, to refuse treatment, to maintain, keep and use personal possession, and to receive visitors. 71. Plaintiff's “individual treatment plan” did not contain: a diagnosis, objectives of care or treatment, names of the persons responsible for preparing and implementing the plan, and did not describe any services, activities, or programs which would be ot were provided to Plaintiff. 78. ‘The “individual treatment plan” was not scanned into the medical record until July 11, 2015, two days after the Plaintiff had been discharged. COUNT VIL COMMON LAW FALSE IMPRISONMENT AGAINST ALL DEFENDANTS 79, Plaintiff reiterates, re-alleges, and incorporates by reference each allegation contained in Paragraphs 1 through 78 as though rewritten verbatim herein, 80. Defendants’ restraint of Plaintiff deprived her of her liberty. 81. Plaintiff did not consent to admission to the MHU and her retention was against her will. 82, Defendants restraint of Plaintiff was wrongful, improper and without claim of stification, authority or privilege. 83. Defendants’ actions demonstrate a gross disregard for Plaintiff's civil rights, WHEREFORE, Plaintiff prays as follows: A, Fora judgment in a fair and reasonable amount against the Defendants for damages suffered by the Plaintiff, B. Fora trial by jury; C. For future lost wages and other consequential damages; D. For pre and post judgment interest at twelve percent (12%); 10E. R G. For Punitive damages; For Reasonable attorney fees; and For any and all other relief to which the Plaintiff may be entitled. Respectfully submitted, P.O. Box 175710 Covington, Kentucky 41017 (859) 426-1300 Email: ssidebottom@: 11 EIDER, P.S.C. OTTOM, ESQ. (#89046) ESQ. (#95012) Pike, Suite 500VERIFICATION OF PLAINTIFF I, Shelly Whitehead, Plaintiff herein, have reviewed all of the Complaint, and I do affirm, that the facts described above are true and accurate to, SLLY WHITEHEAD, Plaintiff State of Kentucky ) County of Kenton ) Subscribed, sworn to and acknowledged to before me, a Notary Public in and for the county and state aforesaid, by Shelly Whitchead, on tk gay of February, 2016. Notary’ mo) SHANE C. SIDEBOTIOM Notary Publie-State at Lerge KENTUCKY -Notary ID #481697 My Commission Expt Jonugry 17,2017] ‘My Commission Expires 2