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).

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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 VERITEXT REPORTING COMPANY www. veritext.com 516-608-2400 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," VERITEXT REPORTING COMPANY www.veritext.com 516-608-2400 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 VERITEXT REPORTING COMPANY 212-267-6868 www. veritext. com 516-608-2400 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. 212-267-6868 That can be -- VERITEXT REPORTING COMPANY www.veritext.com 516-608-2400 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? 212-267-6868 VERITEXT REPORTING COMPANY www.veritext.com 516-608-2400

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