Opinion
No. 2-602 / 01-2069
Filed August 28, 2002
Appeal from the Iowa District Court for Linn County, David M. Remley, Judge.
K.W. appeals the ruling of the district court affirming the commitment order of the hospitalization referee.
AFFIRMED.
Thomas O'Flaherty of O'Flaherty Law Firm, Swisher, for appellant.
Denver D. Dillard, County Attorney, and Nicholas Maybanks, Assistant County Attorney, for appellee.
Considered by Sackett, P.J., and Vogel and Mahan, JJ.
Kelly W. appeals the ruling of the Linn County District Court affirming the commitment order of the hospitalization referee. She contends the court erred in concluding she was a danger to herself or others. An involuntary commitment proceeding is an ordinary action at law and we review challenges to the sufficiency of evidence for errors of law. In re J.P., 574 N.W.2d 340, 342 (Iowa 1998). Upon our review of the record, we affirm the conclusion of the district court.
A person who is "seriously mentally impaired" may be the subject of an involuntary civil commitment. Iowa Code § 229.6 (2001). "Seriously mentally impaired" or "serious mental impairment" describes the condition of a person with mental illness who lacks sufficient judgment to make responsible decisions with respect to the person's hospitalization or treatment, and who is likely to physically injure the person's self or others if allowed to remain at liberty without treatment. Iowa Code§ 229.1(15)(a); In re J.P., 572 N.W.2d at 342-43.
Kelly does not challenge the court's determination she suffers from a mental illness, nor that because of that illness, she lacks sufficient judgment to make responsible decisions with respect to her treatment. Iowa Code§ 229.1(15). She merely contests the court's conclusion that because of her illness she "[i]s likely to physically injure herself or others if allowed to remain at liberty without treatment." Iowa Code § 229.1(15)(a). The term "likely" has been construed to mean "probable or reasonably to be expected," and requires a judgment, "based on prior manifestations but nevertheless ultimately grounded on future rather than past danger." In re Matter of Oseing, 296 N.W.2d 797, 801 (Iowa 1980).
A psychiatrist, Dr. Wilharm, who had treated Kelly periodically for the past three to four years, testified as to the danger Kelly presents for herself when she is not taking her medication as prescribed. Because of his prior experience with Kelly and knowing the devastating consequences of Kelley's non-compliance with her medication, Dr. Wilharm was able to render his judgment about future danger to Kelly. Our case law does not require a physician with significant experience with a patient to wait for a train wreck to occur to make a preemptive call. See In re Matter of Oseing, 296 N.W.2d at 801 (requiring a predictive judgment based on future behavior).
In addition, the case manager nurse, Ferron Coutentos, testified, without objection, that Kelly, "quit taking her medicine as directed. She was leaving the gas on [in her apartment]." She also testified that she witnessed Kelly leaving food burning in the oven, without sensing a need to attend to the situation. This testimony, coupled with the medical diagnosis and predictive behavior made by Dr. Wilharm, provides substantial evidence to affirm the district court's conclusion Kelly is seriously mentally impaired.
AFFIRMED.