B.R. v. West
2012 UT 11
| Utah | 2012Background
- Plaintiffs are the Ragsdales, who allege negligent prescription by Nurse West while treating David Ragsdale in 2007–2008 with multiple medications.
- David Ragsdale, under West’s prescriptions, shot and killed his wife in January 2008, later pleading guilty to aggravated murder.
- The conservator brings suit on behalf of the children against Nurse West, Dr. Rodier, and Pioneer Comprehensive Medical Clinic for negligent prescribing.
- The district court dismissed for lack of a physician–nonpatient duty; the Utah Court of Appeals reversed, holding a duty existed.
- The court clarifies that a healthcare provider may owe a duty to nonpatients for affirmative prescribing acts, even without a special physician–patient relationship, and analyzes the duty factors.
- The decision emphasizes duty as a broad legal category, with breach and proximate cause remaining case-specific questions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether healthcare providers owe a duty to nonpatients for affirmative prescribing | Ragsdale argues there is a duty to nonpatients | West and clinic contend no duty absent patient relationship | Yes, duty exists for affirmative prescribing actions |
| Role of special legal relationship in duty analysis | Special relationship not required for affirmative acts | Special relation needed to expand duty | Special relationship not required; duty rests on category of negligent prescribing |
| Foreseeability's role in duty vs breach/proximate cause | Foreseeability supports duty for broad category of cases | Foreseeability should govern breach/proximate cause, not duty | Foreseeability weighs in favor of duty at a categorical level |
| Physician–patient relationship prerequisite to liability | No prerequisite; duty can extend to nonpatients | Requires patient relationship | Not required; duty applies to nonpatients in this context |
Key Cases Cited
- Webb v. Univ. of Utah, webb v. utah, 2005 UT 80, 125 P.3d 906 (Utah 2005) (special relationship governs nonfeasance; government actors limited)
- Rollins v. Petersen, 813 P.2d 1156 (Utah 1991) (nonfeasance; no duty without special relationship)
- Higgins v. Salt Lake Cnty., 855 P.2d 231 (Utah 1993) (no duty to control others absent special relationship)
- Wilson v. Valley Mental Health, 969 P.2d 416 (Utah 1998) (statutory duty framework may govern therapist duty to warn)
- Normandeau v. Hanson Equip., Inc., 2009 UT 44, 215 P.3d 152 (Utah 2009) (balance of policy factors; foreseeability as minus factor)
- AMS Salt Indus., Inc. v. Magnesium Corp. of Am., 942 P.2d 315 (Utah 1997) (foreseeability and public policy considerations in duty)
- Yazd v. Woodside Homes Corp., 2006 UT 47, 143 P.3d 283 (Utah 2006) (duty analysis for home-builder context; categorical approach)