Does the emergency department have liability for


A 33-year-old male swallows 30 antidepressants and tells his wife, "I want to die." She takes him to the local hospital's emergency department where he is treated and released that same evening.

In the hospital parking lot, he pushes a security guard and is arrested and taken into custody. In the county jail, a nurse places the man on suicide watch. The following evening, while still in custody, a psychologist speaks to the man for five minutes, then releases him from suicide watch. The man is returned to his cell, and two hours later he hangs himself.

Does the emergency department have liability for discharging a suicidal patient without further treatment?

Does the psychologist have liability for releasing the patient from suicide watch after a five-minute consult?

The psychologist is an "independent contractor" of the jail. Is the county liable for his actions?

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