Nebraska Supreme Court To Hear Psychiatric Malpractice Case
By Daniel Hawn
Published on February 22, 2006
The case involves Alegent Health Immanuel Medical Center in Omaha and the sister of Jody Rowe, 36, who was murdered by Marty Nuzum on Feb. 12, 2002.
According to the lawsuit, Nuzum was a patient of Alegent in early 2002 and admitted to having thoughts of harming Rowe because he felt she was harming him.
Nuzum was released from the hospital on Feb. 7. Five days later, he strangled and stabbed Rowe to death after he discovered she was planning to go out with another man.
Nuzum, 45, was convicted of the murder and is currently serving a life sentence.
The lawsuit brought against Alegent by Rowe's sister alleges that Hudson Hsieh, the psychiatrist at the hospital who treated Nuzum, should have warned Rowe of Nuzum's violent disposition.
When the case was heard in Douglas County District Court the jury deadlocked. The judge declared a mistrial and Alegent attorneys asked for a decision in their favor, saying that Nuzum spoke only of hurting Rowe emotionally. Since Nebraska law requires therapists to warn others of the danger posed by their patients only when the potential harm is physical, Hsieh was under no obligation to Rowe, they asserted.
The judge denied the request and Alegent attorneys subsequently filed an appeal.
The case is scheduled to be presented to the Nebraska Supreme Court March 7.
Keyword Tags: