In this article out of Phoenix, AZ, it states: "The plaintiffs contend that Moses diagnosed Davis with depression and prescribed for him an anti-depressant medication, Celexa. The complaint describes Celexa as "a drug that is known to unmask or worsen bipolar (manic depressive) disorders."
Couple claim malpractice led to sexual assault
A Greenwood attorney and her husband, who is imprisoned in Florida for sexual assault, are suing the physician and counselor who cared for him.James Davis III was arrested in July 1999, in Pensacola, Fla., accused of attacking and sexually assaulting a female jogger at knifepoint. In January 2001, an Escambia County Circuit Court sentenced him to 15 years in prison and five years probation on charges of aggravated battery and sexual battery with a weapon.He and his wife, attorney Liz Davis, claim he has bipolar disorder, or manic depression, and was misdiagnosed and mistreated by Dr. Walter Moses, a Greenwood physician, and Randy Weeks, a Greenwood therapist, prior to the attack.The plaintiffs' lawsuit alleges that malpractice by Moses and Weeks led James Davis to assault his victim.In the suit, filed in Leflore County Circuit Court, the Davises ask for an unnamed amount in punitive and compensatory damages. No trial date has been set. Moses and Weeks say they met or exceeded the standard of care applicable to their professions.A legal response filed by Greenwood attorney Steven Cookston claims Moses is not liable for Davis' actions because "the injuries and/or damages alleged in the complaint resulted from pre-existing, underlying medical causes and conditions." In addition, the response for Weeks, filed by Jackson attorney Jim Bullock, calls the lawsuit unprecedented. "No legislation has been enacted authorizing punitive damages in a civil action such as this or placing any limit on the amount of punitive damages awardable," it claims.The complaint, filed by Greenville attorneys Frank Thackston and Susan O'Neal, contends that Davis was declared legally insane during his criminal trial, although he pleaded guilty rather than using that status in his defense. It also claims that he was diagnosed with bipolar disorder while in prison.Bipolar disorder, also called manic depression, is a mental illness characterized by frequent mood swings between states of mania and major depression, sometimes accompanied by delusions and hallucinations.
The malpractice complaint describes Davis as an "exemplary" citizen and "excellent father," whose undiagnosed bipolar disorder caused rapid deterioration of his mental faculties and culminated in a "severe manic episode in July 1999," when he sexually assaulted the jogger. During the episode, Davis was overcome by "acute psychosis" convincing him that "he was acting in self-defense in his interaction with such female," the complaint contends.
Prior to the assault, Davis had been in the care of both Weeks and Moses.
He consulted Weeks 10 times between April 27 and July 14, 1999, after experiencing "mood changes and resultant marital discord" earlier that year, according to the complaint. After Davis' condition degenerated to the point that his wife feared he was suicidal, Weeks told him he needed medication and referred him to Dr. Moses, according to court documents.
The plaintiffs contend that Moses diagnosed Davis with depression and prescribed for him an anti-depressant medication, Celexa. The complaint describes Celexa as "a drug that is known to unmask or worsen bipolar (manic depressive) disorders."
In the complaint, Moses' initial examination of Davis is portrayed as cursory. "Dr. Moses formulated that diagnosis without performing any documented mental status examination, without taking an adequate psychiatric history and without consulting with family members," the complaint says.
Moses' response denies those allegations as well as one that claims he did not schedule a return appointment for Davis.
Weeks in his response says he counseled Davis but denies "treating" him. The response asserts that Davis actually showed progress during the latter half of June and early July, the time period the complaint maintains his mental status was deteriorating. Only on July 14, 1999, did Davis exhibit "hostility and anger," according to Weeks' response.
Weeks says that during the counseling period, Davis took an MMPI test, which measures psychological tendencies. The complaint alleges that the test results demonstrated a "thought disorder, nearing psychosis with paranoid schizophrenic tendencies."
But Weeks denies that the results were so severe. He said the MMPI revealed "some anxiety" and that Davis "could possibly be characterized as an 'angry victim' and exhibited some characteristics of paranoia."
The defendants differ over whether Weeks conveyed the MMPI results to Moses. Weeks says he did, but Moses claims he did not receive the results.