Defendant-appellant is a psychiatrist who was found liable by a jury in the Wayne County circuit court for false imprisonment of, and assault and battery on, plaintiff-appellee. The other defendants below, Dr. Smyk and Ardmore Acres Hospital, were granted summary judgments.
On an order of the Wayne County probate court, initiated by a petition presented by plaintiff's husband pursuant to CL 1948, § 330.21, as amended by PA 1963, No 52 (Stat Ann 1963 Cum Supp § 14.811), and appropriately certified by Doctors Wolodzko and Smyk, plaintiff was taken by ambulance from her home in Livonia to Ardmore Acres, a private psychiatric hospital, on January 4, 1964. The petition was dismissed on January 27, 1964, on the recommendation of two other doctors appointed by the probate court to examine plaintiff, and she was discharged. During her stay at Ardmore Acres, she was injected on occasion with drugs on the orders of defendant Wolodzko, despite her stated refusal to consent to any treatment.
The jury verdict did not specify a division of the $40,000 award among the counts of false imprisonment and assault and battery. The trial court reduced the jury verdict by remittitur to $30,000. Defendant's appeal presents five issues considering his liabilities. Plaintiff, cross-appealing, requests that we find the trial court erred in reducing the verdict
Plaintiff was sent to the hospital under the court order which was based on the relevant and reproduced portions of the following statute. CL 1948, § 330.21, as amended by PA 1963, No 52 (Stat Ann 1963 Cum Supp § 14.811):
"The * * * husband * * * of a person alleged to be mentally ill, mentally handicapped or epileptic, * * * may petition the probate court of said county for an order directing the admission of said person to a hospital, home or institution for the care of the mentally ill, * * * such petition to contain a statement giving the facts and not the conclusions upon which the allegation of such mental disease is based and because of which the application for the order is made. Upon receiving such petition the court shall fix a day for hearing thereof and shall appoint 2 reputable physicians to make the required examination of such alleged mentally diseased person; such physicians shall file their report duly certified to with the court on or before such hearing. * * * The court shall also take proofs as to the alleged mental condition or epilepsy of such person, and fully investigate the facts, and, if no jury is requested, the probate court shall determine the question of such alleged mental disease of such person. * * * Pending such proceedings for admission into the proper home, hospital or institution, if it shall appear, upon the certificate of 2 legally qualified physicians, to be necessary and essential so to do, the court may order such alleged mentally diseased person to be placed in the custody of some suitable person, or to be removed to any hospital, home or retreat to be detained until such petition can be heard and determined, or to be removed to any state hospital for the mentally diseased for custody and treatment. The period of such temporary detention shall not exceed 60 days * * *." (Emphasis supplied.)
Before January 4, 1964
Plaintiff, a housewife, resided at home in Livonia with her children and husband. Divorce was being contemplated. On December 6, 1964, defendant appeared at the house and introduced himself to plaintiff as Dr. Wolodzko. She states that she did not know that he was a psychiatrist or that he was responding to a request of the husband that he talk with plaintiff. Light conversation ensued for a short period of time, the content of which is debated by the parties. The husband was present, as were the children. Several days later, defendant and plaintiff conversed briefly on the telephone. On the basis of these contacts with plaintiff, defendant determined in his certificate to the probate court that plaintiff was suffering from paranoid schizophrenia and should be hospitalized.
January 4, 1964
The husband obtained the requisite court order and allegedly requested defendant to examine plaintiff again to see if hospitalization was necessary. At 7 p.m., plaintiff answered the door, whereupon two ambulance attendants told her that she should accompany them to the hospital. The exact location of defendant is not definite, but we are certain that he was in the house during the events that then occurred. The attendants pursued plaintiff through the house and after a brief rebellion, she agreed to
At the Hospital
The husband signed a medical authorization form on behalf of plaintiff. She 1) refused to consent to the treatment by the defendant, 2) refused any medication, and 3) refused to eat for five days. She was placed in a barred, locked and bare room for six days. Defendant permitted no phone calls or letters in or out. Defendant telephoned orders in and prescribed certain medication. He often visited her during her stay. She was allowed to see her husband and children, but the "no communications in or out" rule remained in effect, until a few days before she was discharged. She was forcibly held down by nurses until she acquiesced to a second injection of a tranquilizer. She had previously been given a similar injection over her objection. The injections were ordered by defendant.
The jury determined that the above facts were sufficient to find defendant guilty of the torts of false imprisonment
The doctor-patient relationship cannot be imposed upon a competent patient without her consent. We refer to ICLE, Medical Malpractice (Michigan Specialty Handbook No. 5, 1965), p 33:
"[There is] an absolute right on the part of the patient to choose whether or not he will submit to the medical procedure — at least in so far as the private physician is concerned: No one to my knowledge has suggested that the physician be given discretion to disregard that right."
Noting that defendant does suggest just that in this case, we may qualify this statement by adding "competent" before "patient" and apply it to this case. The defendant cites cases allegedly to the contrary, but it is not correct to state that a husband, in providing the necessities of medical
We also take issue with defendant's argument to the effect that since there was a sufficient showing to confine the plaintiff, she was required to accept his treatment. Since defendant also agrees by inference that plaintiff was not mentally incompetent to give or withhold consent, his total argument must rest and fall on the allegation that usual medical treatment is permissible in the face of non-consent where the patient has been temporarily confined on the petition of her husband in a private hospital pending a sanity hearing.
We have seen that plaintiff was prevented by defendant's orders from communicating with people "outside", both at her home and at Ardmore Acres. By subterfuge, she did manage to contact her lawyer near the end of her stay, and she was discharged shortly thereafter. Defendant correctly states that she must have proven that her detention under a proper court order would have ceased earlier but for his allegedly wrongful false imprisonment of her, and that she suffered damages by this extended detention.
If the detention and seclusion went beyond that contemplated by the court order, then it became unlawful.
Assault and Battery
Defendant states that any touching of plaintiff without her consent was, at best, nominal and necessary under his duty to care for her, that by her acts she submitted to the authority of the court and thus that the damages of $30,000 (or $40,000) were far in excess of that warranted by the evidence. The acts of defendant considered by the jury apparently referred to her seizure at her home and with the forcible application of medication at Ardmore Acres to her unwilling body on his orders. As above, we determine that there was no authority given the defendant to treat plaintiff by reason of the court order or by her husband's consent,
The award of $40,000, reduced by remittitur to $30,000, was made by the jury with the likelihood that when all the acts of the defendant were taken together, that amount would adequately compensate plaintiff for the various intangible affronts to her well-being. In the absence of a showing of passion, prejudice or bias of the jury, the award does not shock our judicial conscience.
Thus, we are at a loss to discern the reason for the $10,000 remittitur by the trial court. It is an abuse of discretion where the evidence was supported by the proofs, the verdict was not against the great weight of the evidence, and there was no showing
A review of the instructions at the behest of the defendant reveals no reversible error. We have seen that the duty of the defendant was to provide only that treatment necessary and that plaintiff's competency to consent or not to consent is relevant to the jury's evaluation of the treatment given by a physician who is employed by the patient's husband. Indeed, no prejudicial error has been shown in the instructions.
Affirmed and verdict reinstated in conformance with this opinion. Costs to plaintiff and cross-appellant.
LEVIN, J., did not participate by reason of GCR 1963, 405.3(3).
T.M. BURNS, J., concurred.