Martino v. Illinois Masonic Med. Ctr., Ill.
Cook County Cir. Ct., No. 97 L 874, July 26, 1999.
Psychiatric Malpractice
Failure to Admit to Hospital
Martino, 43, suffered from bipolar disorder and was hospitalized for
this condition several times over a 20-year period. After experiencing
severe depression, she went to a hospital emergency room. There, she
was examined by two residents and a psychiatrist, who declined to admit
Martino to the hospital.
The next day, Martino hanged herself. She is survived by two adult brothers.
Martino's brothers and estate sued the hospital, alleging it wrongfully
denied Martino admission based on her lack of insurance. Plaintiffs claimed
that defendant's refusal to admit Martino had worsened her condition
and precipitated her suicide. Plaintiffs also charged that the hospital
had failed to contact Martino's brothers when they sent Martino home.
Plaintiffs presented recordings of phone conversations taken two hours
before Martino entered the hospital. These revealed that she had been
in an extremely disoriented state and had expressed a feeling that "her
life was over."
Plaintiffs did not claim lost wages.
The jury awarded $13 million, including $5.6 million to each of Martino's
brothers. the award was then reduced 50% for Martino's comparative negligence
in committing suicide.