Booth v. Lazzara

Summary

The Ohio Twelfth District Court of Appeals affirmed summary judgment for a psychiatrist in a professional-negligence and wrongful-death action arising from the treatment and discharge of an involuntarily hospitalized patient. The court held that R.C. 5122.34 may provide immunity for mental-health professionals who assist in the hospitalization or discharge of a patient under R.C. Chapter 5122, including conduct concerning treatment during hospitalization. The court further concluded that the psychiatrist made a prima facie showing of good faith and that the plaintiff failed to present evidence creating a genuine issue of material fact.

Holdings

1. R.C. 5122.34 can provide immunity to a mental-health professional who procedurally or physically assists in the hospitalization or discharge of a person hospitalized through the R.C. 5122.10 process and identified as a person subject to hospitalization under R.C. 5122.01(B)(3).
2. R.C. 5122.34 may protect a mental-health professional from liability for claims arising from physical or procedural assistance throughout a patient's hospitalization, including treatment and diagnosis, as well as discharge, if the statute's remaining requirements are satisfied.
3. Booth failed to produce evidence sufficient to show that no reasonable psychiatrist would have treated and discharged Dustin as Lazzara did. Alleged deviations from the objective standard of care, record discrepancies, and evidence concerning best practices did not rebut the prima facie showing of good faith under R.C. 5122.34.

Questions Presented

1. Whether R.C. 5122.34 applies to a mental-health professional's treatment and discharge of a patient involuntarily hospitalized through the R.C. 5122.10 emergency-admission process.
2. Whether R.C. 5122.34 immunity extends to claims concerning the quality of treatment and diagnosis provided during the patient's hospitalization, rather than only the admission or discharge procedures.
3. Whether the evidence created a genuine issue of material fact concerning Lazzara's good faith under R.C. 5122.34 so as to preclude summary judgment.

Disposition

affirmed