Jim Dalrymple - Daily Herald Daily Herald
Posted: Tuesday, December 21, 2010 12:30 am
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http://www.heraldextra.com/news/local/article_c4d19972-5781-5753-9402-1b05a4055b8c.html?oCampaign=hottopics
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..A Salt Lake County judge dismissed a malpractice lawsuit on Monday against the former medical providers of convicted murderer David Ragsdale.
During a hearing, Judge Denise Lindberg of Utah's 3rd District Court sided against attorneys Allen Young and Tyler Young, who had filed a lawsuit against Trina West, a nurse practitioner, Dr. Hugo Rodier and Pioneer Comprehensive Medical Clinic. West, Rodier and the clinic provided health care and medication to Ragsdale prior to the killing of his wife, Kristy, on Jan. 6, 2008. Ragsdale was convicted of the murder in November 2008 and is currently serving 20 years to life in prison. Allen and Tyler Young had argued that the murder was a "foreseeable" result of a cocktail of psychotropic medications he had been prescribed. They were acting on behalf of attorney William Jeffs, the conservator of David and Kristy Ragsdale's children.
In May, West's attorney, Steven Owens, filed a motion to dismiss the case. Attorneys for Dr. Rodier and Pioneer Comprehensive Medical Clinic joined the motion in June. During arguments Monday regarding the motion, Owens said the court should not hold a health care provider liable for a client's criminal conduct when that provider has no custody or control over the client, and when the client has taken full responsibility for his actions. Judge Lindberg ultimately agreed, saying David Ragsdale's children didn't have the right to bring a lawsuit in this case.
Owens and Michael McKell, the attorney for Pioneer Comprehensive Medical Clinic, both said on Monday that their clients were happy with the ruling.
In the month before the shooting, Ragsdale was using seven different psychotropic medications, including Concerta, Valium, Doxepin, Paxil, Pregnenolone, Propecia and testosterone.
Allen Young and Tyler Young's lawsuit originally argued that Ragsdale's medications were a cause in the shooting, but not necessarily the sole cause. The suit alleged that West prescribed several different medications for Ragsdale in the nine months leading up to the shooting without properly consulting a licensed doctor. The suit also alleged that Rodier failed to consult with West. Allen and Tyler Young sought unspecified money and punitive damages, and said that the money would go to the Ragsdale children.
Allen and Tyler Young now have the option to appeal their case.
Related
•Malpractice suit filed on behalf of Ragsdale children
•David Ragsdale gets 20 years to life in prison in wife's murder
•David Ragsdale pleads guilty to killing his wife
•Ragsdale custody case settled
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