MINNEAPOLIS, November 11 2008—The MMA will file an amicus brief with the Minnesota court of appeals in a case addressing whether or not physicians have immunity for reasonably discharging a patient who later harmed family members.

The case of Losen, et al, v. Allina Health et al calls for an analysis of a Minnesota law that provides immunity for physicians who, in good faith and with actual knowledge of the patient, place an emergency 72-hour hold on a patient who shows signs of being harmful to himself or to somebody else.

The issue before the court is whether a physician acting in good faith and with actual knowledge of a patient is also immune from liability for a decision not to place a patient on a 72-hour hold if after discharge that patient causes bodily harm.

The plaintiffs claim that the defendants, Allina Health System; MN Epliepsy Group P.A., and three physicians were negligent in treating a patient who was admitted to United Hospital for behavioral changes following alterations to his anticonvulsant prescription regime. The patient was admitted into the hospital on July 28, 2003. On July 29, he tried to leave the hospital against medical advice and was restrained. Two hospital physicians assigned to this patient (one of whom is a psychiatrist) did not believe there were sufficient grounds to place a 72-hour hold on the patient because he did not have a history of violence, and because he agreed to take his medications and have a follow-up visit with a psychiatrist. He was therefore discharged from the hospital. Two weeks later, the patient shot and killed his mother and assaulted his father and stepmother. The plaintiffs alleged negligence resulting in wrongful death for not placing a 72-hour hold on the patient. The defendants argued that the hospital and physicians were immune under Minnesota Statute 253B.23.

This case was brought in the Ramsey County District Court, and summary judgment was awarded in favor of the defendants. The plaintiffs are now appealing that decision.

The Minnesota court of appeals has agreed to allow the MMA and Fairview Healthcare Services to file a joint amicus brief on behalf of the defendants. The brief will be filed in early December. Watch for more information on this case and the amicus brief.