Huntley v. State of New York
New York Court of Appeals
POINTS OF COUNSEL called finding of fact of a suicidal ideation on April 5 is erroneous as a matter of law. (Somersall v New York Tel. Co., 52 NY2d 157; Blum v Fresh Grown Preserve Corp., 292 NY 241; Noce u Kaufman, 2 NY2d 347; Fiederlein v New York City Health & Hosps. Corp., 80 AD2d 821, 56 NY2d 573.) II. The medical judgment rule governs negligence and medical malpractice claims relating to the level of supervision of psychiatric patients. (Topel v Long Is. Jewish Med.
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POINTS OF COUNSEL called finding of fact of a suicidal ideation on April 5 is erroneous as a matter of law. (Somersall v New York Tel. Co., 52 NY2d 157; Blum v Fresh Grown Preserve Corp., 292 NY 241; Noce u Kaufman, 2 NY2d 347; Fiederlein v New York City Health & Hosps. Corp., 80 AD2d 821, 56 NY2d 573.) II. The medical judgment rule governs negligence and medical malpractice claims relating to the level of supervision of psychiatric patients. (Topel v Long Is. Jewish Med. Center, 55 NY2d 682; Mossman v Albany Med. Center, 34 AD2d 263; Fiederlein v New York City Health & Hosps. Corp., 56 NY2d…
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Where a psychiatric hospital patient with a history of instability communicated her specific suicide plan involving an off-premises location to a hospital staff member, failure to transmit such information to the staff psychiatrist (who controlled the patient’s privileges to leave hospital premises) constituted a breach of duty and rendered the hospital liable for negligence. CPLR 4010, which limits the application of the collateral source rule in medical malpractice actions, has no application to the hospital’s liability for negligence.
At issue on this appeal is the…
3Cases cited5 opinions
- Humphrey v. StateNew York Court of Appeals · 1983
- Martindale v. StateNew York Court of Appeals · 1935
- Topel v. Long Island Jewish Medical CenterNew York Court of Appeals · 1981
- Fiederlein v. New York City Health & Hospitals Corp.New York Court of Appeals · 1982
- Horton v. Niagara Falls Memorial CenterAppellate Division of the Supreme Court of the State of New York · 1976
4Cited by36 opinions
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
- Littleton v. Good Samaritan Hospital & Health CenterOhio Supreme Court · 1988
- Coursen v. New York Hospital-Cornell Medical CenterAppellate Division of the Supreme Court of the State of New York · 1986
- Paddock v. ChackoDistrict Court of Appeal of Florida · 1988
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