Schoolcraft v. The City Of New York et al
Filing
310
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Smith, Nathaniel) Modified on 12/24/2014 (db).
PLAINTIFF'S MOTION
EXHIBIT 32
Page 94
I.
2
is what
3
I
ISAKOV
thought you
l
time.
4
A.
5
Again,
6
i t should be.
7
understanding what
8
person under
10
That's my understanding.
I
may say no
Q.
9
Doctor,
this
I
as
a
do when
physician,
I
admit
condition.
all
I
can ask you
to do,
thank you.
If
want
language of law how
I t ' s my,
That's
11
12
said the f i r s t
I'm wrong you tell me.
I
to understand.
13
If a
and is
patient has
a
mental
14
illness
in need of care and
15
observation under
the
16
understanding you
can admit him to
17
hospital,
statute,
i t ' s your
the
correct?
18
A.
Yes.
19
Q.
Against his
will,
correct?
20
A.
Against his
will,
yes,
21
don't understand the necessity of
22
admission and I
23
i f he
attention and observation.
24
25
Q.
feel
If he needs
i t need immediate
immediate attention
and observation because of a
212-267-6868
mental
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Page 95
1
I.
ISAKOV
2
illness,
3
can admit him against his
4
you believe under
A.
the
statue
will,
yo~
correct?
Yes.
5
MR.
DEVINE:
Just those factors?
6
MR.
SUCKLE:
Yes.
7
8
9
A.
There is
a
potential danger i f
he would not be admitted and sent home.
Q.
You're adding to what
to be also a
I
said,
10
there has
potential danger?
11
A.
Right.
12
Q.
And that potential danger
13
what you use as your standard for
14
or not you
15
mental
16
care,
is
whether
can admit somebody who has a
illness
in need of observation and
correct?
17
A.
Yes.
18
Q.
And that potential danger,
you
19
decide whether or not from your
20
evaluation whether or not that person has
21
had a
potential danger,
22
A.
Yes.
23
Q.
You were
yes?
24
not a
25
reading the words
212-267-6868
lawyer
talking about you are
so you are not -"substantial
when
I
was
risk,"
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Page 96
1
I.
ISAKOV
2
that's
lawyer language;
3
language you would use,
4
MR.
5
A.
the
correct?
RADOMISLI:
Objection
to
form.
6
that's not
7
harm to himself.
8
9
Substantial risk of physical
That's more
Q.
danger,
A.
10
than potential
correct?
Let me put you this way;
11
example,
if a
person will
12
want
13
straightforward risk
to kill myself.
14
Q.
That is a
15
A.
I
16
yes,
If
It's
I
It will be
to harm himself.
substantial risk?
don't know if you call
substantial.
17
say,
for
a
it
definite risk.
the person conducts himself
18
in the way that you feel
19
potentially be harmful,
20
indirectly.
21
going
22
but how he conduct himself putting
23
himself at risk that he may under
24
situation in this emotional condition i f
25
he was not under observation in safe
He
to kill
this
can
then i t can be
is not saying,
somebody or I
yes,
I'm
kill myself
this
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Page 97
I.
1
ISAKOV
2
environment,
he may do
3
be harmful.
And to protect him,
4
can admit him against his will
5
doesn't want
to do
something that may
yes,
you
i f he
i t voluntary.
6
Q.
7
themselves
and have
8
that needs
to be observed and treated,
9
you
So i f somebody may harm
can admit
this mental
illness
them?
10
A.
Yes.
11
Q.
When you
12
themselves,
13
the words
14
you are not comfortable using
"substantial
MR.
15
Q.
16
the words.
17
say they may harm
risk,"
RADOMISLI:
correct?
Objection.
said --
A.
18
You are not comfortable with
I
What
asked you about i t .
I
You
comfortable with and i t
19
probably will pertain
20
even
21
myself or somebody,
22
demonstrated this potential danger.
23
24
25
to
this
i f he did not say that
Q.
i t says
I
case
that
will
kill
conduct
And this potential danger
is
that he may -A.
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That can be
--
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Page 98
1
I.
ISAKOV
2
Q.
3
A.
May,
4
Q.
May?
5
A.
Correct.
6
Q.
And that may,
may harm himself?
yes.
7
harm himself,"
8
potentially might harm himself?
A.
9
I
is
when you say "may
that different than
don't know how to separate
10
them.
Potential
11
risk,
medium risk;
12
what level
13
I
14
patient.
15
i t ' s high risk,
low
but i t doesn't matter
the risk.
If there
is
a
risk,
think i t ' s my duty to protect the
So i t doesn't matter what level
Q.
16
of risk
so long as you perceive a
17
you are got going to admit him?
18
A.
Yes,
19
Q.
And that's how you
20
residents
21
teach
22
23
24
25
A.
don't
Q.
risk,
right.
teach
the
at Jamaica Hospital when you
them?
I
teach
teach psychopharmacology.
the
I
law.
That's your understanding of
the standard?
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