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 33

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Page 132
VINOO OHAR,

1

M.D.

2

Q.

Pursuant to

3

A.

Substantial risk is

4

the policy?
to prevent

the potential risk.

Q.

5

My question is if you have a

6

risk,

but i t ' s only a

potential risk,

7

that sufficient to qualify as a

8

risk under the policy?

9

A.

Under

10

Q.

So any risk is a

11

the policy,

is

substantial

yes.
substantial

risk under the policy?

12

A.

Under

13

Q.

Why is

14

A.

Safety.

15

Q.

The safety of whom?

16

A.

The person.

17

Q.

What does

18

risk mean to you,

19

A.

It's a

the policy for

9.39,

yes.

that?

the term substantial

Doctor?
very undefined term that

20

is used by different agencies by different

21

professionals.

22

nursing home,

23

There's a
there is a

patient in the
patient coming from

patient living in the home by himself,

24

is

-- has no food,

25

neighbors

212-267-6868

has no heat,

complain that he's

he

and i f the

smelling.

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Page 133
VINOD DHAR,

1

M.D.

2

somebody will go there and make an

3

assessment and if, what they find there is

4

potentially a

5

remove the patient and bring to the

6

emergency room.

7

as well as,

Q.

8

9

dangerous situation,

So there is a

they will

substantial,

potential.
Isn't there a

difference in your

mind between any risk and substantial risk?
MR.

10

RADOMISLI:

I'm going to

11

object to the extent you're asking for

12

his mind.

13

it's a

14

If you want to ask whether

policy
MR.

SMITH:

Okay.

Fine.

I

will

15

ask what the policy is and see if he

16

thinks

17

because we are mincing words here.

18

Q.

19

policy,

20

potential or any potential risk of

21

dangerousness and a

22

dangerousness?

A.

23

24
25

I

there's any distinction either

Under the Jamaica Hospital
is

there any difference between a

Again,

substantial risk of

it's a

clinical

judgment.

don't think i t ' s defined in the policy.

Q.

212-267-6868

In your opinion,

is there a

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Page 134
VINOD DHAR,

1

M.D.

2

difference between any potential risk and a

3

substantial risk of dangerousness?
MR.

4

5

30 (b) ( 6)

6

Q.

7

RADOMISLI:

witness.

Okay.

You can answer the

question.

8

MR.

RADOMISLI:

9

MR.

SMITH:

10

No,

he can't.

You're instructing

him not to answer that question?

11
12

He is here as a

MR.
of a

RADOMISLI:

30 (b) ( 6)

I t ' s not proper

witness.

13

MR.

SMITH:

No,

14

MR.

RADOMISLI:

You know that.
I

don't.

I

cited a

15

Don't answer that question.

16

proper.

17

Q.

case.

Does the

I t ' s not

term substantial risk,

18

as defined in the Jamaica Hospital policy,

19

include any risk of harm?

20

A.

Yes.

21

Q.

So under Jamaica's policy,

22

possible risk is a

23

to involuntary admit somebody,

24

the conclusion that they are dangerous

25

themselves or others;

212-267-6868

any

sufficient basis in which

is

because of
to

that correct?

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Page 135
VINOD DHAR,

1

MR.

2

RADOMISLI:

M.D.
Objection to the

3

form.

4

A.

Yes.

5

Q.

Is part of Jamaica's policy in

6

making

this assessment about risk of

7

dangerousness

8

community,

to seek out to protect the

as well as,

the patient?

9

A.

Both.

10

Q.

I'm sorry?

11

A.

Both patient,

12
13
14

as well as,

the

community.

Q.

Why is

the hospital

involved in

seeking out to make the community safe?
MR.

15
16

A.

Objection to

form.

17

RADOMISLI:

18
19

Because article 9.39 is safety

for patient and others.

Q.

So Jamaica Hospital views one of

20

its roles under

21

community safe?

22

MR.

23

A.

to make

RADOMISLI:

the

Objection to

form.

24

9. 39 is

25

I

don't think

making the community safe.

212-267-6868

i t ' s question of
I t ' s making

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