On September 10, Chicago Partner Dan Slayden and Associate Samuel Schwab obtained a jury verdict in favor of their doctor client in a medical malpractice lawsuit stemming from the suicide of a 54-year-old man.
After 11 days of trial, the Cook County jury returned the defense verdict for Lewis Brisbois’ client and a co-defendant mental health clinic.
The plaintiff claimed that Lewis Brisbois’ client, a family medicine physician, failed to do a proper mental health and suicide screening of the decedent on February 4, 2029, after a PHQ9 form, filled out by the decedent showed severe depression and thoughts of being "better off dead" or self-harm within the preceding two weeks. Although not charted, the client testified that his custom and practice was to review the form with the patient and ask questions regarding suicide. He testified that although the patient was having mental issues at that time, he was not suicidal.
On February 11, 2019, the decedent presented to a mental health clinic where a request for services was completed. Those records indicated that he did not have thoughts of self-harm at that time and the person taking the information testified that she asked no further questions regarding suicidal intent.
He was sent home and the next day, after the clinic called to set up an appointment for counseling, the decedent shot himself.
The plaintiff asked the jury for $9,076,025. However, after just two hours of deliberations, the jury returned a defense verdict for both defendants.
The case was Mr. Schwab’s first trial. The support staff of Jessica Figurski, Maria Graffa and Daniel Mortimer were also instrumental in this verdict.