Summary Judgment Dismissal Obtained On Behalf Of Major Metropolitan Hospital
Darshan I. Patel successfully obtained Summary Judgment dismissal on behalf of a major metropolitan hospital in a case in which plaintiff, a former New York City police officer, alleged that our client failed to properly treat and discharge a psychiatric patient. The patient, who suffered from Chronic Paranoid Schizophrenia and had a violent felony history, subsequently slashed plaintiff during a police raid, resulting in multiple facial lacerations and scarring.
In our Motion for Summary Judgment, we submitted an Affirmation from an expert in General/Forensic Psychiatry, establishing that the care rendered to the patient by our client’s psychiatric service was proper and that our client’s discharge and aftercare plan for the patient complied with all statutory mandates and good psychiatric care. Further, we argued plaintiff did not possess a common law cause of action against our client because he knowingly assumed the risks and dangers involved with being a police officer.
In granting our Motion, the Court held plaintiff’s Opposition/Cross-Motion papers were insufficient to establish a triable issue of fact concerning the psychiatric care rendered by our client or that our client owed a duty of care to plaintiff. Accordingly, plaintiff’s complaint was dismissed in all respects.