Lichtenstein v. Montefiore Hospital & Medical Center

Lane, J. (dissenting).

The plaintiff’s decedent was a patient in the open psychiatric ward of Montefiore Hospital. The open ward creates an environment for the patients in which the patient is encouraged to build up self-reliance. The goal is to effectuate rehabilitation more quickly. In the Montefiore open ward, the patient and the staff all wore regular street clothing. Doors were generally kept unlocked. Patients were on occassion authorized to take outdoor walks. A nurse was stationed at the entrance to the open ward to prevent patients from leaving the building without authorization. The…