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
--------------
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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516-608-2400
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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