Claim against Case Manager and Health Plan for Rampage Following Release of West Virginia Inpatient Dismissed by Fourth Circuit

Developments in Mental Health Law, July 2004 | Go to article overview

Claim against Case Manager and Health Plan for Rampage Following Release of West Virginia Inpatient Dismissed by Fourth Circuit


A lawsuit was brought against an entity that managed the behavioral healthcare component of a preferred provider organization (PPO) plan and one of its case managers for their role in the release of a man from an inpatient mental health care facility. The West Virginia man, eight days after his release, murdered his wife and daughter, injured his son, and then committed suicide. He had been hospitalized following the assault of his wife and his attempted suicide after learning his wife was having an affair with another man. Following four days of inpatient treatment for depression, his treating physician determined the man was neither delusional nor psychotic, no longer posed a risk of harm to himself or others, and could not be held against his will under West Virginia law. Arrangements were made for him to receive outpatient care in his community but scheduled appointments were not kept. The case manager was alleged to be negligent in her (1) monitoring of the outpatient treatment, (2) failure to obtain rehospitalization once noncompliance with outpatient treatment services became apparent, and (3) failure to warn family members who were foreseeable victims of the man's mental illness.

The Fourth Circuit ruled the claims were preempted by the federal Employee Retirement Income Security Act (ERISA) and were properly moved from state court to federal court because the defendants were not engaged as treatment providers, did not make any treatment decisions, and were not involved in the treatment decisions made by the man's physicians. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Claim against Case Manager and Health Plan for Rampage Following Release of West Virginia Inpatient Dismissed by Fourth Circuit
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.