Rouse v. Twin Pines Sanitarium, Inc.

DOOLING, J.

Appellant brought this action in three counts: 1. for malpractice; 2. for assault and battery; and 3. for malicious prosecution. The second count has been dismissed with prejudice. Nonsuit was granted as to the first and third counts at the close of plaintiff’s case. From the judgments of nonsuit appellant has appealed and argues only as against respondents Snow and Hamilton.

Appellant is a barber and respondent Snow, a physician and surgeon, had been a customer in his shop. In July of 1952 appellant suffered a broken ankle after drinking for three

[641]

days with his brother. He was taken to Park Sanitarium by Dr. Davidson (an associate of respondent Snow) and later transferred to Stanford Hospital. Dr. Sterling Bunnell put his ankle in a cast. Dr. Snow prescribed for him tuinal (sleeping tablets), paraldehyde to quiet his nerves and some codeine to relieve pain. After his discharge from the hospital appellant continued to use the two former drugs until he “passed out on the floor of the barber shop.” He was readmitted to Stanford Hospital and after three or four days discharged. He continued to take the sleeping pills and paraldehyde until about the middle of January 1953. At that time he requested Dr. Snow to renew his prescription for tuinal and Snow said to him: “I gave you too much already, use bromide.” “. . . He says, ‘I can’t give you any more sleeping pills,’ he said, ‘I give you too many,’ and he says, ‘Take a bromide.’ ” Appellant bought and consumed from three to five bottles of triple bromide. This can be obtained without a prescription and there are directions on the bottle as to the proper dosage. Appellant did not see Dr. Snow again until after he was released from Agnews State Hospital.

About February 6, 1953, appellant felt a pain in his head. He finished the bottle of bromide which he had and took a sleeping pill. After that he “passed out.” On February 7 Dr. Snow was called to appellant’s barber shop. He felt that he was mentally incompetent and should be admitted to a psychiatric institution. Appellant was taken to Twin Pines Sanitarium where he was attended by respondent Dr. Hamilton. He had 246 mg. percent of bromide in his blood which according to Dr. Hamilton “is a tremendous blood bromide. This is the largest that I have ever seen in any patient ... It is close to what I ordinarily regarded as a lethal dose . . .”