Sep 21, 2024

A Massachusetts Hospital Faces Medical Negligence Lawsuit After Patient Found Dead in Nearby Woods

by Nadia El-Yaouti | Oct 16, 2023
Peabody Police Department Photo Source: Peabody Police Department

The mother of a Massachusetts man has filed a medical negligence lawsuit against a hospital and three of its providers after her son was discharged from the facility and found dead in a nearby wooded area, covered in snow.

According to the lawsuit, 47-year-old Daniel Donovan checked himself into Beverly Hospital on January 26, 2022, seeking help for his struggles with mental health. The lawsuit explains that Donovan was having suicidal ideations and that he told hospital personnel he was suffering from "constant depression and suicidal thoughts,” saying "he wishes to be dead and 'can't endure my life any longer.'"

The hospital admitted Donovan, but he was placed in isolation for four days because he tested positive for COVID-19. The lawsuit alleges that the hospital did not have any beds to admit Donovan into the psychiatric unit and that despite officials saying they were going to conduct a search “over the next five days” to find him a bed, no such search happened.

Donovan was eventually discharged on the 26th of January without having received services for his mental health struggles.

The day before Donovan was released, a hospital employee noted in Donovan’s records that he "continued to present as depressed” adding, "he continues to endorse SI .”

However, the next day, Donovan was released after another hospital provider determined that Donovan no longer posed a threat to himself. The provider noted that Donovan was "future-oriented and no longer having thoughts of SI,” and that he "may be discharged from a psychiatric standpoint."

Judy-Ann Donovan, Daniels' mother, calls the hospital’s actions “unacceptable” and “totally unbelievable.” The lawsuit accuses the hospital and its providers of engaging in medical negligence that eventually resulted in Donovan’s death.

Under Massachusetts law, medical negligence or medical malpractice can occur when a healthcare official fails to conform to the appropriate standard of care for a patient.

Donovan’s mother explains that her son was diagnosed with high-functioning Asperger’s syndrome and that the hospital’s providers violated state protocol by allowing him to leave the facility.

According to the Massachusetts Department of Health, facilities that offer mental health services are required to make every effort to keep from discharging mental health patients who do not have a place to go to or do not have support services in place if they leave the facility.

In violating state protocol, Donovan’s mother says the providers failed in their duty to protect her son after he voiced his suicidal thoughts.

After a 17-day search, Donovan was found nearly two miles away from the hospital in a heavily wooded area, covered in snow. A final report detailed that Donovan died from hypothermia. The lawsuit explains that "It is very likely he proceeded directly to the woods around Beverly Hospital and proceeded to disrobe and lie on the ground to die."

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.