Scialdone v. State of New York

Full title: DORIE SCIALDONE, Appellant, v. STATE OF NEW YORK et al., Respondents

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 12, 1993

197 A.D.2d 568 (N.Y. App. Div. 1993)

602 N.Y.S.2d 638

Opinion

October 12, 1993

Appeal from the Court of Claims (McCabe, J.).

Ordered that the judgment is affirmed, with costs.

The claimant's intestate allegedly committed suicide on June 3, 1985, by jumping from a third-floor window from Oasis Program, which was run by Middletown Psychiatric Center (hereinafter Middletown), a State-operated facility. The claim alleged that the State's negligence and malpractice in the decedent's care, treatment, and supervision while the decedent was an outpatient at Middletown was the proximate cause of the decedent's death. We disagree. In this case, the determination not to hospitalize the decedent was a considered medical judgment, for which Middletown cannot be held liable (see, Bell v. New York City Health Hosps. Corp., 90 A.D.2d 270).

The defendant's remaining contentions are without merit. Thompson, J.P., Ritter, Santucci and Joy, JJ., concur.