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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48364

Justice Sklar

PLAINTIFF’S HUSBAND was prescribed Valium, Neurontin and Zoloft to treat depression. On March 28, 2001, at 11:54 a.m., he was admitted to the emergency room of St. Vincent’s Hospital after overdosing on Valium, Zoloft and alcohol in a suicide attempt. Although he was placed on a “psych hold” and prescribed medication, he was provided no psychotropic medication prior to eloping from the hospital at 8:30 p.m. Within 2 1/2 hours thereafter, he was admitted to Gracie Square Hospital. He hanged himself on March 30, 2001, the day of his release from Gracie Square Hospital. St. Vincent Hospital sought summary dismissal from plaintiff’s action alleging medical malpractice and negligence, claiming that the man’s admission to Gracie Square Hospital was a superceding cause of his suicide. The court denied dismissal, concluding that a jury could find that if the decedent had been given proper and timely treatment at St. Vincent Hospital, he would not have committed suicide two days later.

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