In the case of Starling v. Ohio Dept. of Dev. Disabilities, 2022-Ohio-2225, the appellate court held that a residential treatment facility was negligent in physically restraining a patient where the patient had not created a risk of imminent harm to himself or others, and that restraint ultimately led to the patient’s death when he broke his leg and then developed a pulmonary embolism.
Here, the mother of the patient filed a wrongful death action against the residential treatment facility (“facility”), alleging negligence, medical negligence, and battery. The trial court found for the facility, and the mother argued that (1) the ruling on the negligence claim was against the manifest weight of the evidence because the facility breached a duty of care owed to her son when the facility’s employee tried to physically restrain her son; and (2) the ruling on the battery claim was against the manifest weight of the evidence. The appellate court agreed with the mother on her first claim but disagreed with her on her second claim.
In support of its decision, the appellate court first reasoned that physical restraint is only permitted when the patient’s conduct creates a risk of imminent harm to himself or others, and the video evidence did not show that the mother’s son’s conduct created a risk of imminent harm when the employee decided to implement a physical restraint on him, and thus reversed the finding for the facility on the negligence claim. The appellate court next explained that a battery claim involves intentionally causing a harmful or offensive contact, and here the facility’s employee did not intentionally cause the mother’s son to break his leg, but was merely trying to physically restrain him, as per facility protocol.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.