Bourne v. M.D.: Nevada Court Allows Malpractice Claim for Suicide

Medical Malpractice and Suicide Liability

The Nevada Supreme Court addressed whether a medical provider can be held liable for a patient’s suicide in Bourne v. Valdes. The case involved a wrongful death claim brought by the family of David Bourne, who died by suicide after his doctor, Dr. Zidrieck Valdes, altered his medication regimen. The district court granted summary judgment in favor of Dr. Valdes, ruling that Bourne’s suicide precluded liability for medical malpractice. The Supreme Court reversed this decision, holding that a patient's suicide does not automatically shield a medical provider from liability.

Allegations of Medical Negligence

Bourne had been diagnosed with anxiety, major depressive disorder, and chronic pain. Dr. Valdes had prescribed him a combination of Klonopin, a benzodiazepine, and an opioid. In 2019, citing updated medical guidelines, Dr. Valdes discontinued Klonopin without tapering the dosage, replacing it with another anti-anxiety medication, Buspar. Bourne later reported withdrawal symptoms, prompting Valdes to refer him to a treatment facility, which Bourne refused.

Despite medical notes indicating that Bourne was managing his anxiety, he died by suicide shortly after a medical visit. In his suicide note, Bourne referenced the abrupt change in his medication regimen. His family filed a lawsuit, alleging that Valdes' failure to properly taper the medication withdrawal contributed to his suicide. Their medical expert opined that Valdes had breached the standard of care by prescribing benzodiazepines and opioids together and by failing to manage the withdrawal process appropriately.

Court Rejects Automatic Bar to Liability

The district court granted summary judgment in favor of Dr. Valdes, applying a legal principle known as the "suicide rule," which generally holds that a patient's suicide is an intervening cause that severs liability. The court found that because Bourne was not under the custody or control of Dr. Valdes at the time of his death, the doctor could not be held responsible.

On appeal, the Nevada Supreme Court rejected this approach, clarifying that Nevada law does not categorically bar liability in medical malpractice cases involving suicide. The court reasoned that medical providers owe a duty of care to their patients, and if their negligence foreseeably leads to suicide, they can be held liable. The court emphasized that foreseeability is a question of fact to be decided by a jury, making summary judgment inappropriate in this case.

Case Remanded for Further Proceedings

The Supreme Court reversed the district court’s ruling and remanded the case for further proceedings. It held that when a plaintiff presents expert testimony supporting a claim of medical malpractice, the question of whether a doctor’s negligence proximately caused a patient’s suicide should be determined at trial rather than dismissed as a matter of law.

Medical Malpractice Representation

If you are facing a medical malpractice claim involving complex legal questions, our legal team at Whitcomb, Selinsky, PC is here to help. Contact us to discuss your case and explore your legal options.