Patterson v. Superior Court

[929]Opinion

FEINBERG, J. This petition, brought by parents suing for the wrongful suicide death of their son, challenges an order requiring disclosure of the decedent’s medical and psychiatric records pertaining to treatment by other facilities before his referral to the facility where the suicide occurred. The trial court accepted the defense argument that by bringing the wrongful death action petitioners tendered the issue of decedent’s medical and psychiatric condition. We sustain the trial court’s ruling.

The complaint in the underlying action alleges that when decedent Steven Patterson was transferred from the psychiatric ward of Chope Hospital to Cordilleras Center (one of the real parties in interest here) he was diagnosed as schizophrenic and his chart from Chope Hospital noted two prior suicide attempts. During the early days of his commitment to Cordilleras Center he was diagnosed as having “suicide ideation” and was placed in seclusion under close observation. Three days later, based upon a “pact” with the hospital staff that he would not hurt himself or try to kill himself, seclusion and close observation were discontinued. Two weeks later, on March 3, 1981, he hung himself from a curtain rod with his bedsheet. The complaint alleges that the defendant treatment facility and Dr. Conkey, his treating physician, were negligent in failing to take proper measures to protect the decedent from his suicide urges. Petitioners seek damages based upon loss of love, care, comfort, society, protection, companionship and support of their son.

After the action was filed, defendants moved for a court order requiring production of “all medical records, charts, reports, X-rays, etc., pertaining to the care or treatment rendered to Steven Patterson at Napa State Hospital, Peninsula Hospital Medical Center, Harold D. Chope Hospital, Mary’s Help Hospital, McAuley Neuropsychiatric Institute, Sequoia Hospital, and Harry E. Bryan, M.D.” Petitioners opposed the motion on the ground that Steven Patterson’s medical history prior to admission to Cordilleras Center was not relevant to the issue of negligence in failing to properly protect him from himself. They noted that they did not claim that the defendants either caused or aggravated his condition and that they did not seek damages for loss of prospective financial support. After hearing, the court ordered release of all records pertaining to “care or treatment rendered on or after March 3, 1974.” This petition followed.