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Investigations center on discharge of Providence Milwaukie patient who died in police custody

The Oregon Health Authority launched an investigation on Dec. 19. Disability Rights Oregon reported advocates are also looking into the case.

MILWAUKIE, Ore. — A series of investigations have been launched after Milwaukie police released bodycam video nearly a week ago showing Jean Michael DesCamps' death in police custody. The investigations focus in on why the 26-year-old was discharged from the hospital in the first place.

The footage shows what happened after police were called to Providence Milwaukie the night of Dec. 12, 2023. Hospital staff told the responding officers that a homeless man was discharged after receiving care, but refused to leave. In the video, a healthcare worker said DesCamps was evaluated medically, there were no problems, and therefore there was no medical reason for him to be there any longer. 

Over the course of the video, Milwaukie police officers figure out what to do and decide to take DesCamps to Unity Center for Behavioral Health in Portland. At one point, they questioned why he was being released from the hospital's care. 

When officers arrived at Unity, they found DesCamps unresponsive in the back of the patrol car. They called in first responders and started CPR. Within a half hour, the officers pronounced DesCamps dead. 

A week later, the Oregon Health Authority (OHA) launched an investigation into Providence Milwaukie under the Emergency Medical Treatment and Labor Act. The federal law ensures public access to emergency services regardless of a patient's ability to pay. 

OHA found Providence to be in what they call Immediate Jeopardy, a situation in which a hospital's non-compliance has placed the health and safety of care recipients at risk for serious injury, harm, impairment or death. 

A spokesperson for Providence explained the internal review began immediately following the event on Dec. 12. As part of the review, the hospital notified the state, and said they're responding to all requests from the OHA.

"OHA has approved our plan for addressing Immediate Jeopardy status at Providence Milwaukie. That plan includes reinforcing our existing processes for caring for and discharging patients with our Providence Milwaukie caregivers," the spokesperson said.

OHA confirmed that Immediate Jeopardy status was after Providence presented a plan to address the issues. However, the state's investigation is ongoing.

"The fact that OHA found them to be in Immediate Jeopardy so quickly really points to how serious this case was," said Dave Boyer with Disability Rights Oregon (DRO). He's the managing attorney for DRO's Mental Health Rights Project.

DRO opened its own investigation into the incident. 

"DRO released a report five years ago on this very subject, and it's just so incredibly frustrating that nothing's changed in those five years," Boyer said. "We still have the same thing going on in these emergency rooms.

He said the reported covered how people were looking for help in emergency rooms, but ended up being reported for trespassing. 

"The police were called and by and large, nearly every one of them was arrested for that... trespass, and ended up in jail," Boyer said.

Boyer said after reviewing the video, he believes staff did not adequately assess DesCamps, or provide appropriate treatment or transfer. He told KGW one interaction in particular was striking to him. 

"The bodycam where the police said, 'Why is he being released? He can't be on his own.' And then the supervisor says, 'We have no place to take him.' I mean, that is really the core of the problem we have," Boyer said, "This isn't a police problem. This is a hospital protocol problem. This is a Oregon mental health system problem."

In response to KGW's request for comment after the Milwaukie police bodycam video went public, Providence acknowledged in a statement that it "fell short" in its care for DesCamps prior to his death:

"Providence is sorry about the death of Jean Descamps, and we extend our apologies and sympathy to his family and friends for their loss. In this case, we fell short of our goal of providing safe, reliable, compassionate care to our patient.

"The Milwaukie Police Department video is difficult to watch, and Providence is committed to doing all we can to learn from this and improve our response to our most vulnerable patients.

"Immediately after we learned of the death, Providence Milwaukie Hospital began a thorough internal review of our processes and procedures. We are working with our colleagues at Oregon Emergency Physicians – the organization that provides the doctors for our emergency department – as well as the Oregon Health Authority. Providence leaders have already taken action, and are identifying additional actions we need to take so that people in our community can be confident in the care we provide.

"Finally, on behalf of all our caregivers at Providence Milwaukie, we give you our promise: We will do better."

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