Majority
Headnote
POINTS OF COUNSELOPINION OF THE COURT
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
At issue on this appeal is the liability of appellant, the State of New York, for injuries sustained by respondent, Helen C. Huntley, a patient at the State’s Hutchings Psychiatric Center, when she left the hospital premises, unsupervised, and jumped from the roof of a nearby parking garage. The Court of Claims determination in respondent’s favor, finding the evidence sufficient to establish appellant’s negligence, was unanimously affirmed by the Appellate Division.
Given the correct application of legal standards and affirmed findings of fact, our scope of review is limited. Where such findings are supported by evidence in the record, they are conclusive in this court. (Humphrey v State of New York, 60 NY2d 742 .) Here, there was ample evidence to support the finding that appellant on the day of the accident failed in its duty to supervise its patient adequately, leading to her injury (see Martindale v State of New York, 269 NY 554 ; Horton v Niagara Falls Mem. Med. Center, 51 AD2d 152 [Simons, J.]). Apart from respondent’s history of mental instability and her depression, deterioration and unusual behavior shortly before the accident, there was evidence that, one day prior to her jump from the garage roof, respondent had communicated this specific suicide plan to a hospital staff member, and that this information was not transmitted to the staff psychiatrist so that he could consider what impact — if any — it should have on respondent’s privileges to leave hospital premises unsupervised. While a medical judgment might have been reached to continue respondent’s privileges, and an error in such judgment would not have given rise to liability for malpractice (Fiederlein v New York City Health & Hosps. Corp., 56 NY2d 573 ; Topel v Long Is. Jewish Med. Center, 55 NY2d 682 ), here, any opportunity to form a medical judgment was foreclosed by a failure to transmit the information, and no measures were taken to secure respondent’s physical safety.
Accordingly, the order of the Appellate Division should be affirmed, with costs.
Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur in Per Curiam opinion.
Order affirmed, with costs.
Cases cited
- Somersall v. New York Telephone Co. 52 NY2d 157 p. 135
- Blum v. Fresh Grown Preserve Corp. 292 NY 241 p. 135
- Noce v. Kaufman 2 NY2d 347 p. 135
- Fiederlein v. City of New York Health & Hospitals Corp. 80 AD2d 821 p. 135, p. 136
- Fiederlein v. New York City Health & Hospitals Corp. 56 NY2d 573 p. 135, p. 136, p. 137
- Topel v. Long Island Jewish Medical Center 55 NY2d 682 p. 135, p. 136, p. 137
- Mossman v. Albany Medical Center Hospital 34 AD2d 263 p. 135
- Koenigsmark v. State 80 AD2d 707 p. 135, p. 136
- Koenigsmark v. State 55 NY2d 928 p. 135, p. 136
- Hirsh v. State of New York 8 NY2d 125 p. 135, p. 136
- Holtfoth v. Rochester General Hospital 304 NY 27 p. 135
- Sheehan v. North Country Community Hospital 273 NY 163 p. 135
- Flanagan v. Mount Eden General Hospital 24 NY2d 427 p. 135
- Hendrickson v. Hodkin 276 NY 252 p. 135
- Dillon v. Rockaway Beach Hospital & Dispensary 284 NY 176 p. 135
- Coyne v. Campbell 11 NY2d 372 p. 135
- Healy v. Rennert 9 NY2d 202 p. 135, p. 136
- Drinkwater v. Dinsmore 80 NY 390 p. 135
- Mangold v. Neuman 57 NY2d 627 p. 135
- Howard v. Murray 38 NY2d 695 p. 135
- 67 Wall Street Co. v. Franklin National Bank 37 NY2d 245 p. 135
- Pfohl v. Wipperman 34 NY2d 597 p. 135
- Laverne v. Incorporated Village of Laurel Hollow 18 NY2d 635 p. 135
- Walker v. Arkansas 386 US 682 p. 136
- Farrell v. Drew 19 NY2d 486 p. 136
- Gutin v. Mascali & Sons, Inc. 11 NY2d 97 p. 136
- Felt v. Olson 51 NY2d 977 p. 136
- Electrolux Corp. v. Val-Worth, Inc. 6 NY2d 556 p. 136
- Zophy v. State 27 AD2d 414 p. 136
- Collins v. State 17 NY2d 542 p. 136
- Cohen v. State 51 AD2d 494 p. 136
- Wright v. State 31 AD2d 421 p. 136
- Bell v. New York City Health & Hospital Corp. 90 AD2d 270 p. 136
- Centeno v. City of New York 48 AD2d 812 p. 136
- Centeno v. City of New York 40 NY2d 932 p. 136
- Silinsky v. State-Wide Insurance 30 AD2d 1 p. 136
- Cady v. City of New York 14 NY2d 660 p. 136
- Castleberry v. Hudson Valley Asphalt Corp. 60 AD2d 878 p. 136
- Eichel v. New York Central Railroad 375 US 253 p. 136
- New York State Thruway Authority v. John Civetta Construction Corp. 62 AD2d 530 p. 136
- Hale v. State 53 AD2d 1025 p. 136
- Twitchell v. MacKay 78 AD2d 125 p. 136
- Gioia v. State 22 AD2d 181 p. 136
- Humphrey v. State 60 NY2d 742 p. 137
- Martindale v. State 269 NY 554 p. 137
- Horton v. Niagara Falls Memorial Center 51 AD2d 152 p. 137