60 WWW.CITYGATENETWORK.ORG MAY/JUNE 2019 DAYTODAY I t’s a story that you may find hard to believe, but it’s true: “Former student who attempted suicide sues Washington and Lee University, alleging negligent care.” A former student from the school filed a lawsuit in January 2019, claim- ing that a staff counselor failed to offer him adequate services when he told the counselor of his plans to commit suicide. The suit demanded $12 million from the school and an additional $12 million from the counselor personally. Could this happen to your min- istry? Quite simply, the answer is yes. The story goes on to explain why this situation gained traction. Imag- ine it was your mission counselor instead of the counselor who was employed at Washington and Lee. The student entered school and suffered an injury that prevented him from playing on the football team. He became depressed and entertained suicidal thoughts as indicated in the lawsuit. He spoke with a counselor at the school, who after a brief discussion with the student, allegedly told him that she had another appoint- ment, and that he should attend class and then stay overnight in the student health center. He promised the counselor that he wouldn’t hurt himself but he failed to go to the health center following class and unsuccessfully attempted to take his life. The lawsuit alleges that his injuries were the result of the counselor’s failure to undertake “a thorough suicide risk assessment, never performed a full mental health evaluation, and did not have [him] escorted to an emergency room for [a] psychiatric evaluation.” Many ministries within Citygate Network work with those who have emotional, mental, and psychiatric illnesses. Additionally, many ministries offer “lay counselors,” who have a marginal degree of advanced training. In an attempt to mitigate lawsuits of this nature, here are several risk-management suggestions: • Hire the services of a credentialed, state- certified, mental health professional. • Carry a high limit of Professional Liability Insurance. • Contract with an outside mental health pro- fessional, requiring them to carry their own professional liability insurance and naming your ministry as an Additional Insured. • Have a written, vetted, circulated, and adhered-to procedure for dealing with situations where a “reasonable” person might predict a suicidal attempt, especially if your guest/resident/client mentions such intentions. • Insist on written incident reports that are dated, time-stamped, and signed by the proper authorized person in your ministry to docu- ment what may suggest suicidal behavior. It’s impossible to prevent all lawsuits, but taking prudent steps can lessen the potential and provide a defense should a lawsuit ensue. An Unimaginable Reality Where does your organization’s responsibility end? INSURANCE SOLUTIONS Brian H. Merriam Brian is the official insurance consultant for Citygate Network. The Merriam Agency offers property, casualty, auto, direc tors and officers, and workers’ compensation coverages tailored to the needs of Citygate Network members. You can email Brian at brian@ merriaminsurance.com.