Medical Malpractice and Murder

David Ragsdale was found guilty of murdering his estranged wife Kristy in a Lehi church parking lot over two years ago.  This year his two young boys, Carter and Brandon Ragsdale, represented by attorney William Jeffs, are pursuing a claim that their father only committed the crime due to a medication error, as reported by the Herald Extra.

The medical malpractice suit was filed in the 3^rd District Court.

Ragsdale's sister, Tamara, claims that a nurse practitioner, and others, prescribed anti-depressants and mood altering drugs that included Paxil, Doxepin, Ritalin, Provigil and two forms of testosterone.  A deadly combination of medications where "the interactions chemically altered his brain" to conceive and commit murder.

Ragsdale's sister attests that had the nurse practitioner monitored the prescriptions her brother was ingesting, and their potential negative side effects, the murder would never have occurred.  The medical malpractice lawsuit also states that the nurse practitioner acted without consulting a supervising physician for approval.

The monetary damages are unspecified, but the nurse practitioner, Trina West, is named along with supervising Dr. Hugo Rodier, as negligent.

39 year-old Ragsdale pleaded guilty back in 2008 and was sentenced to 20 years to life in prison.  He had shot Kristy Ragsdale 13 times.  The couple had separated only recently due to his involvement in an alleged affair. David Ragsdale was reportedly angry about the amount of spousal support Kristy Ragsdale had asked for. 

Ragsdale is eligible for parole from the Utah State Prison in 2036.

At the time of the '08 trial, Ragsdale's prescriptions were taken into some account.   Prosecutors, police and experts were consulted about "causation issues" in light of the murder charge.  They did not feel compelled, at that time, to give any reasonable doubt to the claim.

The standard of proof in a civil case, however, isn't reasonable doubt, but rather a "preponderance of evidence." Preponderance of evidence is described as "truth and accuracy being more important than amount."

Per the Desert News, Michael McKell, attorney for the Draper Clinic stated that "While the events related to the murder of Kristy Ragsdale are tragic, (Pioneer Comprehensive Medical Clinic) firmly denies the allegation that Mr. Ragsdale's medications caused the alleged reaction."

Jeffs had already been awarded $1 million in a wrongful death judgment, as the court-appointed conservator for the children, but has yet to collect the sum on their behalf.

The children now reside together in Washington state with their paternal grandmother, Ann Palizzi.  Palizzi is not participating in the current lawsuit.

David Ragsdale supports the lawsuit and may be called to the new trial although the criminal conviction is seen separate from the children's case. Hi support, and appearance, changes nothing for his own case. 

Ragsdale contends to this day that he wouldn't have killed his wife if it were not for the medications flooding his system while McKell calls the murder a "case of personal responsibility."

If you are in need of assistance, contact a Medical Malpractice Attorney near you.