Clinton v. Regina District Health Board and Gellner, (1998) 171 Sask.R. 44 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 29, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 171 Sask.R. 44 (QB)

Clinton v. Health Bd. (1998), 171 Sask.R. 44 (QB)

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. OC.021

Marian Elizabeth Theresa Clinton (plaintiff) v. Regina District Health Board and Dr. Darcie Gellner (defendants)

(1996 Q.B.G. No. 3247)

Indexed As: Clinton v. Regina District Health Board and Gellner

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Barclay, J.

September 29, 1998.

Summary:

Clinton died by suicide on March 13, 1996. Clinton's wife brought an action against the doctor who was the emergency room physician at the hospital where her husband had been admitted. The plaintiff alleged that when her husband left the hospital of his own accord on March 10, 1996, the defendant doctor failed to further consider his expression of suicide intent and as the doctor could not exclude the possibility of imminent self-harm there was an onus on her to involuntarily apprehend Clinton to undertake a further evaluation.

The Saskatchewan Court of Queen's Bench dismissed the action.

Medicine - Topic 4243

Liability of practitioners - Negligence or fault - Failure to provide care to patient - [See Medicine - Topic 4252.4 ].

Medicine - Topic 4247

Liability of practitioners - Negligence or fault - Re mental patients - [See Medicine - Topic 4252.4 ].

Medicine - Topic 4252.4

Liability of practitioners - Negligence or fault - Emergency room treatment - Clinton died by suicide on March 13, 1996 - Clinton's wife brought an action against the doctor who was the emergency room physician at the hospital where the plaintiff's husband had been admitted - The plaintiff alleged that when her husband left the hospital of his own accord on March 10, 1996, the defendant doctor failed to further consider his expression of suicide intent and as the doctor could not exclude the possibility of imminent self-harm there was an onus on her to involuntarily apprehend Clinton to undertake a further evaluation - The Saskatchewan Court of Queen's Bench dismissed the action - The defendant met the required standard of care - There did not seem to be any risk of imminent suicide and based on the evidence, the defendant could not have had Clinton apprehended.

Persons of Unsound Mind - Topic 81

Detention - General - [See Medicine - Topic 4252.4 ].

Torts - Topic 61

Negligence - Causation - Causal connection - Clinton died by suicide (methanol poisoning) on March 13, 1996 - Clinton's wife brought an action against the doctor who was the emergency room physician at the hospital where the plaintiff's husband had been admitted - The plaintiff alleged that when her husband left the hospital of his own accord on March 10, 1996, the defendant doctor failed to further consider his expression of suicide intent and as the doctor could not exclude the possibility of imminent self-harm there was an onus on her to involuntarily apprehend Clinton to undertake a further evaluation - The Saskatchewan Court of Queen's Bench dismissed the action - The defendant met the required standard of care - Even if there was deficient care, it was likely that Clinton drank the methanol before his admission to hospital on March 10 and there was no causal connection to his death - See paragraph 62.

Cases Noticed:

Wilson v. Swanson (1956), 5 D.L.R.(2d) 113 (S.C.C.), refd to. [para. 47].

McCormick v. Marcotte, [1972] S.C.R. 18, refd to. [para. 48].

Maynard v. West Midlands Regional Health Authority, [1985] 1 All E.R. 635 (H.L.), refd to. [para. 49].

Snell v. Farrell, [1990] 2 S.C.R. 311; 110 N.R. 200; 107 N.B.R.(2d) 94; 267 A.P.R. 94; 72 D.L.R.(4th) 289; 4 C.C.L.T.(2d) 229, refd to. [para. 50].

Cardin v. Montréal (Cité) (1961), 29 D.L.R.(2d) 492 (S.C.C.), refd to. [para. 52].

University Hospital v. Lepine (1966), 57 D.L.R.(2d) 701 (S.C.C.), consd. [para. 53].

Villemure v. Hôpital Notre Dame et al. (1972), 31 D.L.R.(3d) 454 (S.C.C.), consd. [para. 54].

Robson v. Ashworth (1987), 40 C.C.L.T. 164 (Ont. C.A.), affing. (1985), 33 C.C.L.T. 229 (Ont. H.C.), consd. [para. 55].

McGhee v. National Coal Board, [1972] 3 All E.R. 1008 (H.L.), refd to. [para. 59].

Wilsher v. Essex Area Health Authority, [1988] 2 W.L.R. 557; 87 N.R. 140 (H.L.), affing. [1987] 2 W.L.R. 425 (C.A.), refd to. [para. 59].

Quintal v. Datta and Skochylas (1988), 68 Sask.R. 104 (C.A.), refd to. [para. 59].

Myers and Myers v. Board of Education of Peel (County) and Jowett, [1981] 2 S.C.R. 21; 37 N.R. 227, refd to. [para. 60].

Counsel:

Richard B. Morris and Raymonde R. Legault, for the plaintiff;

David E. Thera and Daniel P. Kwochka, for the defendants.

This action was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on September 29, 1998.