United States District Court, D. Minnesota
Jean Lee, plaintiff pro se.
Jennifer M. Waterworth, Esq. Gislason & Hunter, LLP,
counsel for defendants.
S. Doty, Judge
matter is before the court upon the motion for summary
judgment by defendants Fairview Health Services and Fairview
Southdale Hospital (collectively Fairview). Based on a review
of the file, record, and proceedings herein, and for the
following reasons, the court grants the motion.
disability dispute arises out of pro se plaintiff Claire Jee
Lee's treatment at the Fairview emergency room (ER) on
January 10-11, 2015.
suffers from schizoaffective disorder - bipolar type, panic
disorder, obsessive compulsive disorder, generalized anxiety
disorder, and a hearing impairment. Am. Compl. ¶ 3. On
January 10, 2015, at 10:31 p.m., Lee went to the Fairview ER
complaining of abdominal pain. Waterworth Aff. Ex. 1. Lee was
examined by Dr. Todd Joing. Id. Dr. Joing ordered
lab testing, which showed no abnormalities requiring
immediate treatment. Id. Dr. Joing explained the
results to Lee, and referred her to Fairview
gastroenterologist Dr. Cynthia Sherman for follow-up
treatment and provided her with medication instructions.
then asked to speak with a licensed social worker regarding
her fear of taking medications. Id. At 2:00 a.m., on
January 11, Jane Hansen, MSW, LICSW, arrived to speak with
Lee. Id. Lee told Hansen that the last time she was
treated at the Fairview ER, it took fifty-three minutes
before she was triaged. Id. Lee also stated that
during her last visit, three Fariview nurses made up a story
that she refused to leave, and she was still upset with how
she was treated. Id.
told Lee that she could bring her concerns regarding her last
visit to the Fairview patient experience representative or
the nursing supervisor. Id. Hansen also informed Lee
that she could assist Lee with any mental health concerns she
may have. Id. Lee then became upset and raised her
voice. Id. The interview ended shortly thereafter.
a.m., Lee was seen by Nurse Tia Scholla. Id. Lee
told Scholla that she wanted to talk with a licensed social
worker regarding her fear of taking antibiotics and about her
father's recent death. Id.
a.m., Hansen returned to examine Lee and asked her if she
would like an assessment. Id. Lee refused because
she was not satisfied with her previous interaction with
Hansen. Lee Dep. at 101:8-18. Lee stated that she preferred
waiting until 8:00 a.m. to see another social worker and
asked to stay overnight. Waterworth Aff. Ex. 1.
Joing concluded that Lee did not meet the criteria for a
behavioral health hold, and officially discharged her at 4:12
a.m. Id. Lee was advised that she could return to
Fairview for re-evaluation as needed. Id.
a.m., Lee returned to the Fairview ER triage desk and asked
to speak with Scholla. Id. Lee asked Scholla why she
had printed her discharge paperwork prior to her speaking
with Hansen. Id. Lee stated that the time on her
discharge paperwork was evidence that Fairview intended to
discharge her before she spoke with Hansen. Id. Lee
also complained that Hansen did not properly evaluate her.
Id. Scholla told Lee that Fairview did not discharge
her without properly evaluating her needs. Id.
Scholla also assured Lee that had she met the appropriate
criteria for further treatment, her discharge paperwork would
have been shredded, and her providers would have continued
with an appropriate plan of care. Id. Lee spent the
remainder of the morning in the Fairview ER waiting room.
a.m., Lee was re-admitted to the Fairview ER. Id.
She stated that she was there to have a psychiatric
evaluation and for abdominal pain. Id. Lee asked to
review her medical records and to use the phone to raise a
complaint about her medical treatment. Id. Lee
stated that she needed to use the phone so she could contact
Joanna Roberson, a former Fairview employee. Id.
Eventually, Lee's phone was removed from the room by
Fairview staff because Lee made repeated calls to the
Fairview psychiatric department. Id. Lee stated that
she made the calls to Roberson because she was concerned that
Fairview staff would call the police. Lee Dep. at 106:6-107:5.
then re-examined by Dr. Randall Steinman. Waterworth Aff. Ex.
1. Dr. Steinman noted that Lee was discharged that morning
with improvement in her symptoms and was referred to Fairview
gastroenterology for follow-up treatment. Id. Dr.
Steinman also concluded that Lee's lab work that morning
was unremarkable except for slightly elevated creatinine.
Id. Dr. Steinman further noted that Lee had three
negative abdominal ultrasounds in the last year and a