Clinton v. Regina District Health Board and Gellner, (1999) 177 Sask.R. 261 (CA)

• Judge: Cameron, Gerwing and Lane, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: April 14, 1999
• Jurisdiction: Saskatchewan
• Citations: (1999), 177 Sask.R. 261 (CA)

Clinton v. Health Bd. (1999), 177 Sask.R. 261 (CA);

    199 W.A.C. 261

MLB headnote and full text

Temp. Cite: [1999] Sask.R. TBEd. MY.063

Marian Elizabeth Theresa Clinton (appellant) v. Dr. Darcie Gellner (respondent)

(No. 3122)

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

Saskatchewan Court of Appeal

Cameron, Gerwing and Lane, JJ.A.

April 14, 1999.

Summary:

Clinton died by suicide on March 13, 1996. Clinton's wife sued 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, in a decision reported at 171 Sask.R. 44, dismissed the action. The plaintiff appealed.

The Saskatchewan Court of Appeal dismissed the appeal.

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 sued 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 trial judge dismissed the action, holding that 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 - The Saskatchewan Court of Appeal dismissed an appeal - There was no basis to overturn the trial judge's findings.

Persons of Unsound Mind - Topic 81

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

Practice - Topic 9428

Appeals - Grounds of appeal - Objection to reasons for decision - The plaintiff appealed from the dismissal of a negligence action against a physician - The plaintiff's counsel made repeated reference to the form of the trial judge's reasons for judgment and their similarity to the briefs submitted by the defendant - The Saskatchewan Court of Appeal stated that "[i]t is clear that an appeal is always an appeal against a judgment and not from the reasons for judgment. Secondly, it is clear that a judge is not required to repeat every piece of evidence heard by him, nor will we presume that because he has referred to some and not to others, that those not specifically referred to have been ignored ... Finally, there is no reason why a judge cannot, if he is convinced, adopt wholly a position put forward by one side or the other; if he accepts completely one side's submission he may not infrequently for purposes of convenience use much of the same wording. Such use does not in itself constitute an error" - See paragraph 1.

Torts - Topic 35

Negligence - Standard of care - Medical doctors and medical personnel - [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 sued 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 trial judge dismissed the action, holding that 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 - The Saskatchewan Court of Appeal dismissed an appeal - There was no basis to overturn the trial judge's findings.

Cases Noticed:

Lensen v. Lensen, [1987] 2 S.C.R. 672; 79 N.R. 334; 64 Sask.R. 6; [1987] 1 W.W.R. 190; 44 D.L.R.(4th) 1, refd to. [para. 2].

Counsel:

R. Morris and R. Legault, for the appellant;

D. Thera, for the respondent.

This appeal was heard on April 14, 1999, before Cameron, Gerwing and Lane, JJ.A., of the Saskatchewan Court of Appeal. The following judgment of the Court of Appeal was delivered orally by Gerwing, J.A., on April 14, 1999, and written reasons were provided on April 23, 1999.