November 3, 2016
From Lexington County William P. Keesley, Circuit Court Judge
Daniel Dodson, of Law Offices of Robert Dodson, PA, of
Columbia, for Appellant.
William H. Davidson, II and Andrew F. Lindemann, both of
Davidson & Lindemann, PA, of Columbia, for Respondent
Phillis Bryan-Mobley, MD.
E. Parham, Jr., of James E. Parham, Jr., PA, of Irmo; and
Sarah Patrick Spruill, Kenneth Norman Shaw, and J. Ben
Alexander, all of Haynsworth Sinkler Boyd, PA, of Greenville,
for Respondent Cheryl C. Dodds, MD. Mary Agnes Hood Craig and
Elloree A. Ganes, both of Hood Law Firm, LLC, of Charleston;
and Deborah Harrison Sheffield, of Charleston, for Respondent
David A. Steiner, MD.
N. Cole and Christian Stegmaier, both of Collins & Lacy,
PC, of Columbia, for Respondents Three Rivers Behavioral
Health, LLC and Psychiatric Solutions, Inc., its successor,
and Doris Ann Burrell, RN.
medical malpractice action, Martha Lewin Argoe asserts the
circuit court erred in granting all respondents partial
summary judgment. We affirm.
supreme court detailed the facts of this case in its decision
in Argoe v. Three Rivers Behavioral Health, LLC
(Argoe II). 392 S.C. 462, 710 S.E.2d 67 (2011).
Argoe's husband and son filed an application for
Involuntary Emergency Hospitalization for Mental Illness with
the Orangeburg County Probate Court on June 6, 2005.
Id. at 466, 710 S.E.2d at 69. Argoe asserted her
husband and son filed the application as part of a "plan
and scheme to have [her] committed to an inpatient
psychiatric facility so that [they] would eventually be able
to have access to her money, bank accounts and other material
assets and could convert those things for [their] own use and
probate court in Orangeburg County issued an Order of
Detention directing "[an] officer of the peace take
[Argoe] into custody for a period of [time], during which
detention said person shall be examined by a licensed
physician." On June 7, 2005, the Orangeburg County
Sheriff's Department detained Argoe and committed her to
the care and custody of the Regional Medical Center of
Orangeburg. She was initially examined by Dr. Glen Hooker.
Dr. Hooker discharged Argoe with a diagnosis of "Altered
Mental Status" with instructions to return the following
following day, Dr. Hooker completed the necessary paperwork
for Argoe's emergency commitment. Id. at 466,
710 S.E.2d at 70. "Dr. Hooker certified that inpatient
psychiatric hospitalization was medically necessary for
[Argoe] and identified Aurora Pavilion Behavioral Health
Services (Aurora) . . . as the facility that would accept
[Argoe] for further treatment." Id. at 466-67,
710 S.E.2d at 70. When she arrived at Aurora at 5:45 P.M. on
June 8, 2005, Dr. David Steiner performed a second evaluation
of Argoe's mental condition.
9, 2005, Argoe's insurance provider caused her to be
transferred to Three Rivers Behavioral Health. Dr. Phyllis
Bryant-Mobley performed Argoe's initial evaluation at
Three Rivers. "Based on her initial psychiatric
evaluation . . . a provisional diagnosis was made that
[Argoe] was suffering from bipolar disorder with manic and
psychotic features." Id. at 467, 710 S.E.2d at
13, 2005, the probate court issued an Order for Continued
Hospitalization. Id. The probate court also
appointed Dr. Bryant-Mobley and Doris Ann Burwell, a
registered nurse, to act as Argoe's designated examiners
and directed them to present their findings at a hearing on
June 21, 2005. Id. The probate court notified Argoe
of the scheduled hearing and appointed her an attorney.
21, 2005, Dr. Bryant-Mobley and Nurse Burwell presented their
findings to the probate court. Id. Argoe and her
attorney participated in the hearing. Id. That day,
the probate court issued an order finding that Argoe was
"mentally ill." The probate court ordered that
Argoe, "be committed to a state mental health facility
for in-patient care and treatment as provided in [s]ection
44-17-580 [of the South Carolina Code], and following this,
[t]hat said person undergo an out-patient treatment program
at Orangeburg County mental health facility for a period not
to exceed 12 months."
Bryant-Mobley provided care and treatment to Ms. Argoe at
Three Rivers until June 27, 2005, when . . . Dr. Cheryl Dodds
assumed Ms. Argoe's care" after Dr. Bryant-Mobley
left for vacation. On July 8, 2005, the probate court
appointed Dr. Dodds to examine Argoe to determine whether she
needed a guardian or conservator. Id. at 468, 710
S.E.2d at 70. On July 20, 2005, Dr. Dodds discharged Argoe
into the care of her son after she "consent[ed] to
voluntarily take her prescribed medication."
13, 2007, Argoe filed suit against her husband and her son
"as well as the hospitals, physicians, and nurses
involved in the involuntary commitment proceedings."
Id. Argoe asserted causes of action against Three
Rivers for intentional infliction of emotional distress,
false imprisonment, conspiracy, defamation, invasion of
privacy, and public disclosure of a private fact.
Id. The circuit court granted Three Rivers ...