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Man Found Negligent for Failure to Provide Medical Assistance for Ailing Wife

New York Law Journal

August 24, 2005

In a case of apparent first impression, a New York judge has held that a man had a duty to provide medical assistance to his troubled wife, whose mental illness left her in a "diminished, incapacitated, helpless state" before her apparently suicidal jump from the couple's apartment. The decision enunciates a rare exception to the general rule that individuals are not legally compelled to take action to help others and potentially complicates care-giving decisions by opening doors to inter-spousal suits.

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