B.R. v. West

275 P.3d 228 (2012)

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Nature of the Case

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Facts

David Ragsdale received medical treatment in 2007 from Trina West, a nurse practitioner at Pioneer Comprehensive Medical Clinic. The nurse prescribed Ps' father at least six medications, including Concerta, Valium, Doxepin, Paxil, pregnenolone, and testosterone. With all of these drugs in his system, the father shot and killed his wife. P pled guilty to aggravated murder. Ps, the Ragsdales' young children, who were left parentless, filed suit through their conservator against D alleging negligence in the prescription of the medications that caused Mr. Ragsdale's violent outburst and his wife's death. D moved under rule 12(b)(6) for dismissal, and it was granted. P appealed.