On October 15, 2024, Brandi Booth filed a negligence, wrongful death, and survivorship action against Dr. Jonathan Lazzara. The complaint alleged that Dr. Lazzara acted negligently in the treatment, care, diagnosis, and discharge of her husband, Dustin Booth, a patient Dr. Lazzara treated between February 2 and February 7, 2022.
The allegations of the complaint stemmed from a series of events that began in mid-January 2022. Around that time, Brandi Booth and Dustin’s mother both noticed a change in Dustin’s overall behavior. These changes included low amounts of sleep, sudden weight loss, increased motivation to complete projects, a heightened interest in odd topics, and an increased use of his vape pen and cannabis products. In the early morning hours of February 1, 2022, Dustin’s mother and Brandi were particularly concerned with Dustin’s behavior, and ultimately, called law enforcement and requested assistance. After speaking with Dustin, officers contacted a crisis team from Butler Behavioral Health, and subsequently transported Dustin to the emergency room at Atrium Medical Center.
Dustin was later transferred to the behavioral health unit at Atrium Medical Center, where he remained until he was discharged on February 7, 2022. Throughout Dustin’s admission to the behavioral health unit, Dr. Lazzara, the director of psychiatry, provided care and treatment to Dustin. As part of that treatment, Dr. Lazzara diagnosed Dustin with Bipolar Disorder I with mania and began Dustin on various medications.
After observing improvement from Dustin, including compliance with his medication and an improved state of mind, Dr. Lazzara discharged Dustin on February 7, 2022. At some point during his admission, Dustin directed Dr. Lazzara not to speak with his wife, Brandi, regarding his treatment or care. As a result of that directive, Dr. Lazzara ceased communication with Brandi, and Dustin’s mother assisted with Dustin’s discharge.
Upon his discharge from the hospital, Dustin returned home where he resumed use of his vape pen and, according to Dustin’s mother and Brandi, his behavior quickly deteriorated. On February 11, 2022, police responded to a call from Brandi that Dustin was behaving strangely. After police initiated a traffic stop, Dustin engaged in a stand-off with law enforcement officers, who ultimately shot Dustin several times. Dustin was transported to the hospital where he succumbed to his injuries during surgery.
R.C. 5122.34(A) states, in relevant part: ” “[p]ersons, including, but not limited to, boards of . . . mental health services and community mental health services providers, acting in good faith, either upon actual knowledge or information thought by them to be reliable, who procedurally or physically assist in the hospitalization or discharge . . . of a person under this chapter . . . are free from any liability to the person hospitalized or receiving court-ordered treatment or to any other person.”
The trial court granted summary judgment in favor of Dr. Lazzara by determining that Dr. Lazzara was immune from liability pursuant to R.C. 5122.34(A).
The Court of Appeals Twelfth Appellate District of Ohio Warren County held in its January 25, 2026 Opinion and Judgment Entry: “we conclude that, at most, the evidence presented by Brandi demonstrates a failure of good practice. It does not demonstrate that in these circumstances no reasonable psychiatrist would have reached the same decision to release Dustin. Therefore, we find there is no genuine issue of material fact that Dr. Lazzara is immune from liability under R.C. 5122.34 and that he is entitled to judgment as a matter of law. As a result, the trial court did not err in awarding summary judgment to Dr. Lazzara on that basis. Judgment affirmed.”
Source Booth v. Lazzara, 2026-Ohio-225.
If you or a loved one may have been injured (or worse) as a result of mental health negligence in Ohio or in another U.S. state, you should promptly seek the legal advice of an Ohio medical malpractice attorney, or a medical malpractice attorney in your state, who may investigate your mental health malpractice claim for you and represent you or your loved one in a mental health malpractice case, if appropriate.
Click here to visit our website or call us on our toll-free line in the United States (800-295-3959) to be connected with mental health provider malpractice lawyers in your state who may be willing to help you with your malpractice claim.
Turn to us when you don’t know where to turn.
