Kervick v. Silver Hill Hosp.Annotate this Case
Decedent admitted herself to Hospital for treatment for major depression and personality disorder. At the time of her admission, Decedent was diagnosed with high suicide ideation and had previously attempted suicide. One week later, Decedent committed suicide at Hospital. Plaintiff, the executor of Decedent's estate, filed a medical malpractice action against Hospital and Decedent's treating psychiatrist. The jury returned a verdict in favor of Defendants. The appellate court remanded the case for a new trial, concluding that the trial court improperly declined to the poll the jury to determine whether any of the jurors had read an article regarding the subject matter of the case published prior to trial. The Supreme Court reversed, holding that, under the circumstances of this case, the appellate court improperly determined that the trial judge abused his discretion in declining to poll the jury.