CELESTINE

V.
UNITED
STATES
The plaintiff-appellant in this case was a veteran who decided himself as suicidal and assaultive when he sought
in-patient psychiatric care at the Veterans Adminisration Hospital in Kansas City, Missouri, while waiting to see
the staff psychiatrist, the patient become increasingly argumentative and hostile. The nurse on duty summoned
hospital security. They first attempted to talk to him, but when he became physically violent, they placed him on
restraints and detained him or about 90 minutes until he could be evaluated by the psychiatrist. After the
examination, he was diagnosed as a paranoid schizophrenic in need of immediate care. He voluntarily underwent
in patient treatment for 6 days, he checked himself out of the hospital against the advice of his treating
psychiatrist.

Subsequently, the veteran filed a complaint, against the government, alleging battery and false improsonment by
the hospital security guards. The court recognized the palintiff’s right to move about freely had been violated.
However, they determined that no battery have occurred and that the security guards had used reasonable force in
restraining him in order to prevent him from injuring himself and others. They determined in light of his behavior,
the hospital staff was justified in restraining him until he could be examined by a psychiatrist.

The case states. “Missouri law recognized the common law principle that a person believed to be mentally ill
maybe lawfully restrained if such restraint is necessary to prevent immediate injury to that person or other, or
because he or she requires immediate medical attention.
 Four D’s of Negligence Case

The Veterans Adminisration

DIREC There is no correlation
DUTY Hospital is under the T between the act of the
jurisdiction of government of defendant and the damage to
US CAUSE the plaintiff

DERELICT The security staff put the patient

There are no signs of physical
ION OF under restraints in order to avoid DAMA or psychological damage found
the patient from harming himself
DUTY and others GE on the patient
 STAND ON THE
CASE
I personally agree to the decision of the court
in favor to the US government in order to
prevent the patient in harming himself and
other due to the fact that he is not in a stable
mental condition
SHERMAN
SIZEMORE
CASE
The family of a Raleigh County Baptist minister and coal miner who took his life two weeks after undergoing
surgery has filed a wrongful death suit against the anesthesiology business they claim failed to give their father the
drugs necessary to render him unconscious.

The plaintiffs, who have sued Raleigh Anesthesia Associates, claim Sherman Sizemore was paralyzed but fully
aware of what was occurring for 16 minutes after the first incision of an exploratory laparotomy at Raleigh
General Hospital on Jan. 19, 2006. They believe the uncharacteristic behavior Sizemore experienced — such as
being afraid of being alone and being buried alive — in the days following the procedure were symptoms of a
psychological condition that stemmed from the trauma of his anesthesia awareness and would ultimately result in
his suicide. Raleigh Anesthesia no longer performs services at Raleigh General Hospital.

The complaint says Sizemore, executive director of the Freewill Baptist Conference for Raleigh County,
underwent the surgery to diagnose the cause of some abdominal pain. It says Dr. Bruce Cannon, anesthesiologist,
and Larry Rupe, a certified registered nurse anesthetist, both working under Raleigh Anesthesia Associates, gave
Sizemore paralytic — or neuromuscular — agents which rendered Sizemore unable to move, speak or
communicate, but then neglected to provide him inhalational anesthesia — the agent that renders a patient
unconscious and unable to experience pain — for 29 minutes after the induction of the exploratory laparotomy.
“Sixteen minutes after the first incision into Mr. Sizemore’s abdomen, the defendant, by and through its agents
and/or employees, discovered that they had negligently, carelessly, recklessly and in a clear deviation from the
appropriate standard of medical care, failed to turn on the inhalational anesthesia; and therefore, did in fact begin
to administer the inhalational anesthesia to Mr. Sizemore,” the complaint reads.

“Following the recognition of their clear error, Dr. Cannon and Larry Rupe, CRNA, also administered to Mr.
Sizemore a drug to induce amnesia of the event,” it continues.

No one ever told Sizemore what had happened, the complaint says. Nor did anyone provide medical attention for
his psychological injuries. He was never sure if what he thought happened had really happened, and it tormented
him. O’Dell said the issue came to light after Sizemore’s death, when a doctor’s condolences prompted nurses in
Sizemore’s family to take a closer look at the medical records.

The complaint says that in the short period following the laparotomy, Sizemore — who had never suffered from
any psychological or psychiatric conditions prior to Jan. 19, 2006 — became a different person. He was unable to
sleep, afraid to be left alone, complained of not being able to breathe, complained of people trying to bury him
alive, refused to be around his grandchildren and had nightmares on the rare occasions when he was able to
sleep.The lawsuit states the defendants should have told Sizemore about their error and offered him follow-up care
because of the “ominous signs of psychological injuries,” which are recognized in the medical community and
associated with anesthesia awareness.
“After two weeks of torment resulting from the psychological injuries caused by the defendant’s negligence,
carelessness and recklessness ... Sherman Sizemore Jr. took his life on February 2, 2006,” the complaint states. He
was 73.

The suit seeks unspecified monetary compensation for damages to Sizemore’s heirs, including sorrow, mental
anguish and funeral expenses.
 Four D’s of Negligence Case
DUTY
Mr. Sherman Sizemore consents to be
under the care of Raleigh General
Hospital with collaboration to Raleigh
Anesthesia Associates for the
required anesthesia for his
Exploratory Laparatomy procedure to
diagnose his abdominal pain
DERELICTION OF
DUTY
Dr. Cannon and Mr. Lupe failed to turn on
the Inhalational Anesthesia to make Mr.
Sizemore unconscious during the surgery.
They only realized their mistake 16 minutes
after the first incision
After realizing their mistake, they
administered a drug to make Mr. Sizemore
forget what happened during the surgery
 Four D’s of Negligence Case

DIRECT CAUSE DAMAGE

The plaintiff believes that the behavior Mr. Sizemore On February 2, 2006, Mr. Sizemore committed
shows after the surgery such as being afraid of being suicide at the age of 73 due to psychological trauma
alone and being buried alive, inability to sleep,, he experienced during the surgery
complained of not being able to breathe, refused to
be around his grandchildren and had nightmares on
the rare occasions when he was able to sleep was a
result of of the inability of the defendant to perform
standard medical care
 01
unable to sleep, afraid to be left alone, complained of not being able to
breathe, complained of people trying to bury him alive, refused to be
around his grandchildren and had nightmares on the rare occasions when
he was able to sleep.

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 OUR STATISTICS
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 MILESTONES REACHED
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It’s the biggest planet Despite being red,
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Mercury is the closest Venus is the second
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Venus is the second It’s the closest planet Despite being red, Saturn was named
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 PATIENT
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Mercury is the closest planet to the Sun and
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Mercury is the closest planet Neptune is the farthest planet Despite being red, Mars is a
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Mercury is the closest planet to the Sun and
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 INNOVATIONS
MARS
Despite being red, Mars is a
cold place, not hot. It’s full
of iron oxide dust
MERCURY
It’s the closest planet to the
Sun and the smallest in the
Solar System
VENUS
Venus has a beautiful name
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from the Sun
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Saturn is a gas giant and was
named after the Roman god
of wealth
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MERCURY JUPITER NEPTUNE

It’s the closest planet to Jupiter is a gas giant and It's the fourth-largest
the Sun and the smallest in the biggest planet in the planet by diameter in the
the Solar System Solar System Solar System
TESTIMONIALS
“Neptune is the fourth-largest planet by
diameter in the entire Solar System”

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the smallest one in the Solar System”

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