Wall v. Fairview Hospital and Healthcare Services

Sandra Slavik and Ruth Wall (plaintiffs) suffered from dissociative identity disorder, a psychological condition in which Slavik and Wall each manifested alternative identities that controlled behavior, knows as alters. Slavik and Wall were treated by a psychiatrist, Dr. William Routt, until 1991. In 1991, one of Slavik’s alters told a treatment counselor that Routt had sexually abused her. In 1992, one of Wall’s alters told a hospital staff member that Routt had abused her. Slavik and Wall sued and won judgments against Routt for abuse. Slavik and Wall also sued Kathy House (defendant), Routt’s psychiatric nurse, for failing to report Routt’s abuse as required under the Vulnerable Adults Act. House had accompanied Routt on rounds, attended treatment meetings, and liaised between Routt and other psychotherapists. Neither Slavik or Wall had reported Routt’s abuse to House. House was aware of allegations that Routt drank alcohol while treating patients but denied knowing that Routt drank on the job. Slavik and Wall testified that Routt had confided inappropriate personal information about himself during treatment but admitted that House had never been present on these occasions and that they had not told House about them. Erica Miles, another patient of Routt’s, testified that House knew that Routt had met Miles for ice cream and told Miles of his drinking problem and family issues and that House had seen Routt cry in front of Miles and seen the two of them hugging and kissing. The district court found that there was no evidence that House had knowledge of any abuse by Routt and that the evidence was not sufficient for House to have reasonable cause to suspect that Routt had abused Slavik or Wall. The court issued a directed verdict in favor of House. The court of appeals reversed. House appealed.