Case Types - Wrongful Death

NY Wrongful Death Case With Psychiatrist Care

In the case of Topel v. Long Island Jewish Medical Center

A patient was admitted for treatment of an "agitated and psychotic depression." The treating psychiatrist ordered observation at least every fifteen minutes, in addition to other treatment. The next day a concerned nurse ordered constant observation because of the severity of the patient's condition. However, on the following day, the psychiatrist changed the observation period back to fifteen minute intervals because, in his professional judgment, constant observation was exacerbating the patient's agitated and psychotic condition. Two days later, the patient committed suicide during one of the fifteen minute intervals. Subsequently, the patient's family commenced a lawsuit against the hospital and psychiatrist for wrongful death based upon the legal standards of malpractice.

Ordinarily, to prove that a physician has liability for malpractice three things must be demonstrated at trial: (1 ) an injury or death, (2) proximate cause, i.e., the acts of the physician were a direct cause of the injury or death, and (3) the acts of the physician were not in accordance with good and accepted medical practice in the community.

At trial, the plaintiff made such a showing, essentially claiming that fifteen minute intervals of observation were too long, violated accepted practice and caused the death of the patient, and the jury returned a verdict against the hospital and doctor.