Justia Health Law Opinion Summaries

A.I. appealed a district court’s order continuing her commitment to the North Dakota State Hospital (“NDSH”) for a period not to exceed 180 days. She argued the court erred in not ordering a less restrictive alternative treatment as testimony supported A.I.’s needs could be met with a lower level of care. In addition, A.I. asserted the entry of an order, that indicated a waiver of the continuing treatment hearing filed after a hearing was held, was clearly erroneous. The North Dakota Supreme Court concluded the court’s order to continue her hospitalization was not clearly erroneous, and the court’s order following waiver of treatment or continuing treatment hearing, as conceded by both parties, was entered in error. The Court affirmed the district court’s order for continued treatment and vacated the superfluous order entered in the record at docket entry 43. View "Interest of A.I." on Justia Law

North Dakota Attorney General Drew Wrigley, on behalf of the State of North Dakota (“the State”), sought a supervisory writ to vacate a district court’s order granting a preliminary injunction enjoining enforcement of N.D.C.C. § 12.1-31-12. The injunction was granted in Access Indep. Health Servs., Inc., et al. v. Wrigley, et al., Burleigh Co. Court No. 2022-CV- 01608. The State argued the district court abused its discretion in granting the injunction because Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic (“RRWC”) and the other plaintiffs failed to prove: (1) they had a substantial likelihood of success on the merits; (2) they would suffer irreparable injury; (3) there would be harm to other interested parties; and (4) the effect on the public interest weighed in favor of granting a preliminary injunction. The North Dakota Supreme Court found that while the regulation of abortion was within the authority of the legislature under the North Dakota Constitution, RRWC demonstrated likely success on the merits that there was a fundamental right to an abortion in the limited instances of life-saving and health-preserving circumstances, and the statute was not narrowly tailored to satisfy strict scrutiny. The Court granted the requested review, denied the relief requested in the petition, and left in place the order granting a preliminary injunction. View "Wrigley v. Romanick, et al." on Justia Law

Cliff Provins appealed a district court judgment affirming an administrative law judge’s (“ALJ”) decision that affirmed a Workforce Safety and Insurance (“WSI”) order denying liability for his post-traumatic stress disorder (“PTSD”) and ending disability benefits in November 2019. After review, the North Dakota Supreme Court concluded the ALJ did not err in concluding Provins’s PTSD was not compensable, and a reasoning mind could reasonably conclude his physical injuries did not cause his PTSD. View "Provins v. WSI, et al." on Justia Law

Kristin Anton appealed a district court judgment affirming an order by Job Service North Dakota denying Anton pandemic unemployment assistance benefits. Anton stopped working on March 12, 2020 when the public schools closed due to the COVID-19 pandemic. Anton stopped working because she relied on the school system to provide childcare for at least one of her children. Her employer, Heart River Cleaning, did not close and did not hold Anton’s position for her while she stayed home to watch her children. Anton challenged the finding that she had failed to prove she was entitled to pandemic unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Finding no reversible error, the North Dakota Supreme Court affirmed the district court. View "Anton v. Klipfel, et. al." on Justia Law

J.B. appealed a district court order denying his petition for treatment in community placement. J.B. was committed to the North Dakota State Hospital as a sexually dangerous individual in September 2005. At the hearing, the State called Dr. Deirdre D’Orazio, who testified that J.B. remained a sexually dangerous individual and was not ready for community placement. J.B. called Dr. Stacey Benson, who also testified that J.B. remained a sexually dangerous individual but that he was ready for community placement. Based on his expert’s opinion, J.B. petitioned for community placement. The trial court found the State established clear and convincing evidence that J.B. remained a sexually dangerous individual under N.D.C.C. 25-03.3-01(8), and denied his petition for community placement, concluding that the statute was constitutional and that because the executive director did not petition for community placement, it lacked subject-matter jurisdiction to consider J.B.’s petition. On appeal, J.B. argued the district court erred in determining that N.D.C.C. 25-03.3-24 did not violate the separation of powers. Finding no reversible error, the North Dakota Supreme Court affirmed the district court order. View "Interest of J.B." on Justia Law

On March 13, 2020, North Dakota Governor Doug Burgum declared a state of emergency and activated the North Dakota State Emergency Operations Plan via Executive Order (“E.O.”) 2020-03. Governor Burgum’s declaration of a state emergency was in response to the public health crisis resulting from the novel coronavirus (“COVID-19”). On March 19, 2020, Governor Burgum issued E.O. 2020-06 which closed certain business establishments in North Dakota, limited physical access to other business establishments in North Dakota, directed state agencies and offices to regulate staffing, and limited access to the North Dakota State Capitol by appointment only. These restrictions were set to expire on April 6, 2020. On March 27, 2020, E.O. 2020-06 was amended as E.O. 2020-06.1 to include the closure of salons and ordering licensed cosmetologists to cease operations. Kari Riggin appealed a criminal judgment entered after she conditionally pled guilty to a violation of Executive Order 2020-06, an infraction. Riggin challenged the Governor’s authority to restrict her ability to engage in cosmetology services within an assisted living facility as part of the State’s response to a declared state of emergency. Finding the governor did not exceed the statutory authority delegated to him through N.D.C.C. ch. 37-17.1. Riggin failed to adequately support her challenge E.O. 2020-06 was unconstitutional because it restricted her right to conduct business, engage in employment, and failed to adequately support her contention the executive order and the criminal penalties imposed for a violation of an executive order were unconstitutionally vague and overbroad. Accordingly, judgment was affirmed. View "North Dakota v. Riggin" on Justia Law

Nancy Ortega appealed a district court order granting summary judgment in favor of Sanford Bismarck and Dr. Christie Iverson on her professional negligence claim. The matter was dismissed without prejudice. Ortega was seen at Sanford Bismarck for upper right abdomen pain. A CT scan revealed she had a right ovarian tumor. Dr. Iverson performed surgery to remove her left ovary. The surgery included a hysterectomy, bilateral salpingectomy, left oophorectomy and lysis of adhesions. Several months later, Dr. Iverson performed a second surgery to remove the right ovary. Ortega filed suit alleging malpractice when Dr. Iverson removed the left ovary instead of the right. The hospital and doctor moved to dismiss, arguing Ortega could not establish she suffered any damages. Although not argued by the hospital or doctor, the trial court held Ortega failed to file an admissible expert opinion supporting a prima facie medical malpractice claim within three months of filing her action, as required under N.D.C.C. 28-01-46. The court held Dr. Iverson’s removal of the ovary was not an “obvious occurrence” precluding application of 28-01-46, and that the “wrong organ” exception in the statute did not apply. The North Dakota Supreme Court found that Sanford and Dr. Iverson did not assert Ortega’s claims were barred by N.D.C.C 28-01-46, and they conceded the statute would not apply. Under these facts and circumstances, the Supreme Court concluded the district court erred in applying N.D.C.C. 28-01-46 to grant summary judgment. The judgment was therefore reversed, and the matter remanded for further proceedings. View "Ortega v. Sanford Bismarck, et al." on Justia Law

B.A.K. appealed an order for treatment in which the district court found her to be a person who was mentally ill and requiring treatment. B.A.K. was initially hospitalized after an outburst at her regular physician's office. In March 2018, her daughter petitioned for B.A.K.'s involuntary commitment. B.A.K.'s husband also attempted to commit B.A.K. while they were in Arizona for the winter. At the treatment hearing, the district court heard testimony about B.A.K.'s mental health deterioration and her refusal to take medication. In October 2017, B.A.K. started taking anxiety and depression medication. She then experienced joint pain, and she was prescribed a steroid. B.A.K. was also taking a prescribed statin for high blood pressure. B.A.K. decided to take herself off the anxiety and depression medications, and she eventually stopped taking all medications. B.A.K. believed she was being monitored, among other delusions. On appeal, B.A.K. argued the district court's order was not supported by clear and convincing evidence to show she was a mentally ill person and a person requiring treatment. After review of the Case, the North Dakota Supreme Court was "left with a definite and firm conviction" the district court's conclusion was not supported by clear and convincing evidence: "Despite Dr. Huber's testimony that she believed B.A.K. was a person requiring treatment, she also testified B.A.K. required no restraint, medication, or seclusion while hospitalized. ... Dr. Huber identified B.A.K. was manic and had delusional thoughts, but no evidence was presented showing a reasonable expectation B.A.K. would be a serious risk to herself, others, or property." The Court held the district court clearly erred in finding B.A.K. required treatment, and reversed the district court's order. View "Interest of B.A.K." on Justia Law

St. Alexius Medical Center, doing business as Great Plains Rehabilitation ("Great Plains"), appealed a district court judgment affirming a Department of Human Services ("the Department") determination that the Department was entitled to recoup overpayments made to Great Plains. Great Plains argued the Department's decision had to be reversed because the Department did not issue the decision within the statutory time limit, the Department did not provide a fair process for disputing the Department's position, and the Department's findings of fact are not supported by the evidence. Finding no reversible error in the district court or the Department's decisions, the North Dakota Supreme Court affirmed. View "St. Alexius Medical Center v. N.D. Dep't of Human Services" on Justia Law

B.A.C. appealed a district court order for involuntary hospitalization and involuntary treatment with medication. B.A.C. was admitted to the North Dakota State Hospital on June 6, 2017. Prior to being admitted, B.A.C. drove his car into a pond near Devils Lake. He then walked barefoot away from the pond and invaded a private residence. When confronted inside, B.A.C. offered to buy the property. After B.A.C. was ordered to leave, he walked approximately two miles further before he was apprehended by police. In talking to the police officers, B.A.C. made several delusional statements about Bill Gates, Bill Clinton, and Donald Trump, which included stating that he himself was the richest man in the world and that was why Bill Clinton wanted to kill him. The police took B.A.C. to a hospital in Devils Lake. He was then transported to the North Dakota State Hospital in Jamestown. The State Hospital petitioned the district court for involuntary commitment of B.A.C. At the State Hospital, B.A.C. had refused to take prescribed medication and expressed his wish to leave the hospital. An examination was performed by a doctor of psychology at the State Hospital, who found B.A.C. to be mentally ill and noted that if "untreated on an inpatient basis he would likely place himself at risk, as he did just prior to the current admission." A psychiatrist performed an independent evaluation on B.A.C. and found him to have a primary psychotic disorder, and also believed releasing B.A.C. from the hospital without treatment would likely result in self-harm. The North Dakota Supreme Court affirmed the district court order, concluding that B.A.C.'s release did not moot this appeal and that the district court did not clearly err when it found by clear and convincing evidence that B.A.C. was a mentally ill person requiring inpatient treatment. View "Interest of B.A.C." on Justia Law