Lawsuit claims woman's mental health ignored prior to suicide at Buzzards Bay jail
Cape Cod TimesFeb 08, 2021
Feb. 8—BARNSTABLE — The estate of a
In the suit, the estate says the warning signs of
DiCesare, a mother of two, died by suicide in 2017 at the
Her estate filed a wrongful death and negligence claim against Correctional Psychiatric Services, which was hired by the jail in 2014 to conduct mental health services. A medical malpractice tribunal was held last week to see if there is enough evidence to have a trial against the company and some of its employees.
According to the lawsuit, DiCesare was undergoing detoxification after two years of using opioids when she arrived at the jail in
She was screened by Correctional Psychiatric Services, which noted her past opioid use and her required detoxification.
The company also documented that she had been diagnosed as bipolar, had PTSD and had panic attacks, and that she was hospitalized in a
DiCesare had been taking suboxone, clonazepam, gabapentin, Prozac and Adderall to deal with her psychiatric conditions, a fact that was also on her medical entrance exam report, according to the lawsuit.
DiCesare, who had been dealing with high levels of stress as a result of her first time being incarcerated, had been identified by jail officers and Correctional Psychiatric Services employees as "high priority" in the mental health category.
Two of her medications for her anxiety, insomnia, bipolar disorder and seizures were discontinued without explanation in
She was admitted to
She had a couple of more visits with health clinicians and on
The clinician tried to respond immediately to the note but was told by a supervisor that "mental health will not see her today, she will go on the list," according to the lawsuit.
"Witnesses reported that Jessica was pleading for help and submitted an urgent written request for immediate mental health intervention," the suit read.
But none was provided, she was found hanging in her cell the next morning, according to the suit. She was brought to
Despite her being at risk for suicide, at some point, DiCesare had been placed in solitary confinement and remained there until her suicide attempt. It was one of two deaths by suicide at the jail in three weeks.
DiCesare's estate asked for her complete medical records but was told that due to a computer failure, documents that had been scanned in prior to
In
Sheriff
The charges against the commissioners, Gagon and Ferreira, have all been dismissed.
Cummings declined to comment, citing the pending litigation.
On
Tribunals, which are composed of a doctor, an attorney and a judge, decide whether there is enough evidence to bring malpractice cases to trial.
Dr.
An affidavit from an expert found that Veliz, Jarvis and McCormack each "breached the standard of care," in the handling of DiCesare's case, and that "it is more probable than not that their failure to provide appropriate medical care was a direct and proximate cause of
Veliz had an obligation to provide appropriate training, guidelines, policies and protocols for implementing and providing psychiatric services, and Dr.
"Although Jessica's psychiatric history of bipolar disorder, PTSD and panic attacks was identified at her intake screening, no follow-up consultation with psychiatry was ordered, psychiatric medications that were identified as needed were discontinued without explanation and without consideration of the deleterious effects of discontinuing the medication," Tarail wrote.
Jarvis should have referred DiCesare for a psychiatric evaluation to determine and prescribe appropriate medication after learning of the absence of her prescribed medications, according to Tarail, who is the interim chief of psychiatry at
McCormack should have noted DiCesare's suicidal ideation displayed at the hospital on her chart to identify her higher risk and need for closer monitoring. She also failed to refer her to a psychiatrist for medication after complaints of shakiness, irregular pulse, heart palpitations and mouth twitching, the expert wrote.
"There's no causation link provided at all," Smith said of McCormack's case. "It simply says she failed to note history, address symptoms and refer her to psychiatric treatment."
"She was just not treated appropriately," he said. "She fell through the cracks."
The tribunal took the case under advisement.
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