Maine (AP) – A Caratunk man has put the state on notice that he may file a lawsuit accusing the state of negligence in his wife’s death at the hands of their mentally ill son.

Robert Bruce filed a notice of claim, a prelude to a possible lawsuit, against the Department of Health and Human Services saying the state’s treatment of his son contributed to the fatal attack on Amy Bruce at their home on June 20.

William Bruce, 24, has been found incompetent to stand trial and is now at the state’s Riverview Psychiatric Center in Augusta. Bruce, who has been diagnosed with bipolar disorder and schizophrenia, was charged with murder in the bludgeoning death of his mother in the home he shared with his parents.

In the notice of claim given to the Attorney General’s office, Riverview and DHHS last week, Robert Bruce said he expects a judgment of more than $500,000. But he said he doesn’t want the money as much as he wants change to prevent future tragedies by making sure people who are mentally ill and dangerous are either hospitalized or required to take medication.

In the Bruce case, the family coped for years with William Bruce’s mental illness until he was committed to Riverview following an attack on his father. The hospital, however, later released him after determining he wasn’t an imminent danger to himself or others.

Upon his release, William Bruce wasn’t required to take medication, and his parents could learn little about his condition because of confidentiality laws.

Robert Bruce said his son was incapable of taking care of himself, yet was given the responsibility of making decisions about his own mental health.

“My son is not even aware. He has no grasp on reality. My wife is gone,” Robert Bruce said. “The only people that I’m concerned with right now are those mentally ill individuals who need this kind of help and particularly the families that are left to try to deal with this situation on their own.”

Bringing a lawsuit against the state, which is legally immune from most legal complaints, is very difficult if not impossible.

It would also be difficult to change laws surrounding outpatient commitment and forced medication. Disability rights advocates have long opposed forced medication, saying people should make their own decisions about treatment.

State Sen. John Nutting, D-Leeds, has campaigned in the past to require treatment plans for some mentally ill people who have shown a pattern of violence. With the Bruce case, the issue may get more attention now, he said.

“I probably will assist it, but I say that with so much sorrow because it’s so unnecessary it should come to this,” he said.

The state said it will not respond to Bruce’s notice of claim.

“At this juncture, we don’t respond at all one way or another,” said Deputy Attorney General Paul Stern.

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Information from: Portland Press Herald, http://www.pressherald.com

AP-ES-11-12-06 1301EST

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