Q: Child attempted suicide after notifying multiple counselors and social workers of his intent. Was it a near fatality?
When my husband was 16 and was dealing with a very chaotic family life which caused his severe depression, his caregiver put him in a mental hospital where he was told to notify staff of any suicidal thoughts. Prior to and on the day of the discharge, he repeatedly told the staff that he wasn't feeling any better and would likely kill himself if he had to go back home. His doctor discharged him anyway. We have obtained records from the hospital that clearly show what happened. Upon discharge, my husband notified his therapist and his caregiver of his suicidal thoughts and was ignored, again. His caregiver brought him home and went to sleep, and he overdosed on the medicine given to him by hospital staff. He was later brought to the emergency room and then admitted back to the same mental hospital. This time, the staff included a note in his records saying "suicidal risk: imminent." Can this be considered malpractice and/or a near fatality of a child? Can anything be done? He is now 30.
A: The statute of limitations is one year from date of incident. Statute has long since run.
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