Schoolcraft v. The City Of New York et al

Filing 380

DECLARATION of Matthew J. Koster in Opposition re: 305 MOTION for Summary Judgment .. Document filed by Lillian Aldana-Bernier. (Attachments: # 1 Exhibit Exhibit A Part 1, # 2 Exhibit Exhibit A Part 2, # 3 Exhibit Exhibit A Part 3, # 4 Exhibit Exhibit A Part 4, # 5 Exhibit Exhibit B, # 6 Exhibit Exhibit C, # 7 Exhibit Exhibit D Part 1, # 8 Exhibit Exhibit D Part 2, # 9 Exhibit Exhibit D Part 3, # 10 Exhibit Exhibit E)(Koster, Matthew)

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UNITED STATES DISTRICT COURT
UNITED STATES
COURT
EASTERN DISTRICT OF
YORK
EASTERN DISTRICT OF NEW YORK
ADRIAN SCHOOLCRAFT,
ADRIAN SCHOOLCRAFT,

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Plaintiff,
Plaintiff,
-against- Index No.
-against—
No.
1OCIV-6005 (RWS)
10CIV-6005 (RWS)

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THE CITY OF NEW YORK, DEPUTY CHIEF
THE CITY OF NEW YORK, DEPUTY CHIEF
MICHAEL MARINO, Tax Id. 873220,
MICHAEL MARINO, Tax Id. 873220,
Individually and in his Official
Individually and in his Official
Capacity, ASSISTANT CHIEF
Capacity, ASSISTANT CHIEF PATROL
BOROUGH BROOKLYN NORTH GERALD NELSON,
BOROUGH BROOKLYN NORTH GERALD NELSON,
Tax Id. 912370,
and in his
Tax Id. 912370, Individually and in his
-Official Capacity, DEPUTY INSPECTOR
Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117,
STEVEN MAURIELLO, Tax Id.
895117,
Individually and in his Official
Individually and in his Official
Capacity, CAPTAIN THEODORE LAUTERBORN,
Capacity, CAPTAIN THEODORE LAUTERBORN,
Tax Id. 897840, Individually and in his
Tax Id. 897840,
and in his
Official Capacity,
JOSEPH
Official Capacity, LIEUTENANT JOSEPH
GOFF, Tax Id. 894025, Individually and
GOFF, Tax Id. 894025, Individually
his Official Capacity, stg. Frederick
in his Official Capacity, stg. Frederick
Sawyer, Shield No. 2576, Individually
Sawyer, Shield No. 2576, Individually
in his Official Capacity, SERGEANT
and in his Official Capacity, SERGEANT
KURT DUNCAN,
KURT DUNCAN, Shield No. 2483,
No. 2483,
Individually and in his Official
Individually and in his Official
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
Tax Id. 885374, Individually and in his
Tax Id. 885374, Individually and in his
Official Capacity, SERGEANT SHANTEL
Official Capacity, SERGEANT SHANTEL
JAMES, Shield No. 3004, and P.O.‘s "JOHN
JAMES, Shield No. 3004, and P.O.'s "JOHN
DOE" 1-50, Individually and in their
DOE" 1-50, Individually and in their
Official Capacity (the name John
Official Capacity (the name John Doe
fictitious, as the true names are
being fictitious, as the true names are
presently
referred
presently unknown)(collectively referred
to as "NYPD defendants"),
to as "NYPD defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually
in his Official
Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity
Individually and in her Official Capacity
JAMAICA
CENTER
and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEES "JOHN DOE" # 1-50, Individually
"JOHN DOE" # 1-50, Individually
EMPLOYEES

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(Continued)
(Continued)

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and in their Official Capacity (the name
and in their Official
(the name
John Doe being fictitious, as the true
John Doe being fictitious, as the true

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names are presently unknown),
names are presently unknown),

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Defendants.
Defendants.
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_

—

—

—

—

—

_-

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—

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—

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—

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x

-x

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111 Broadway
111
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New York, New York
York,
York

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February 11, 2014
February 11, 2014
10:30 a.m.
10:30 a.m.

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,

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VIDEOTAPED
of DR. LILIAN
VIDEOTAPED DEPOSITION of DR. LILIAN

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ALDANA-BERNIER, one of the
in
ALDANA-BERNIER, one of the Defendants in

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the above—entitled action,
the
the above-entitled action, held at the

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above time and place, taken
above time and place, taken before

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Margaret Scu1ly—Ayers, a Shorthand
Margaret Scully-Ayers, a Shorthand

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Reporter and
Public of the State
Reporter and Notary Public of the State

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of New York, pursuant to the Federal
of New York,
to the Federal

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Rules of Civil Procedure.
Rules of Civil Procedure.

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APPEARANCES:
APPEARANCES:
NATHANIEL SMITH, ESQ.
NATHANIEL SMITH, ESQ.
Attorney for Plaintiff
Attorney for
111 Broadway
111
New York, New York 10006
New York, New York 10006
JOHN LENOIR, ESQ.
JOHN LENOIR, ESQ.
Attorney for Plaintiff
Attorney for
829 Third Street NE
829 Third
Washington, DC 20002
Washington, DC 20002

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C)

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SUCKLE SCHLESINGER PLLC
SUCKLE
PLLC
Attorneys for Plaintiff
Attorneys for
224 West 35th Street
224 West 35th Street
Suite 1200
Suite 1200
New York, New York 10001
New York,
10001

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BY:
HOWARD SUCKLE, ESQ.
BY: HOWARD SUCKLE, ESQ.

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ZACHARY W. CARTER, ESQ.
ZACHARY W. CARTER, ESQ.
Corporation
Corporation Counsel
Attorneys for Defendant
Attorneys for Defendant
THE CITY
YORK
THE CITY OF NEW YORK
100 Church Street
100 Church Street
New York, New York 10007
New York, New York 10007
BY: RYAN SHAFFER, ESQ.
BY:
RYAN SHAFFER, ESQ.
File # 2010-033074
File # 2010-033074

(Appearances continued on next page.)
(Appearances
on
page.)

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APPEARANCES CONTINUED
APPEARANCES
SCOPPETTA, SEIFF, KRETZ & ABERCROMBIE,
SCOPPETTA, SEIFF, KRETZ & ABERCROMBIE,
ESQS.
ESQS.
Attorneys for Defendant
Attorneys for Defendant
STEVEN MAURIELLO
STEVEN
444 Madison Avenue
444 Madison
30th Floor
30th
New York, New York 10022
New York, New
10022

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BY: WALTER A. KRETZ, JR., ESQ.
BY:
WALTER A. KRETZ, JR., ESQ.
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MARTIN, CLEARWATER & BELL, LLP
MARTIN,
& BELL,
Attorneys for Defendant
Attorneys for Defendant
JAMAICA HOSPITAL MEDICAL CENTER
JAMAICA HOSPITAL MEDICAL
220 42nd Street
220 42nd
13th Floor
13th
New York, New York 10017
New York, New York 10017

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BY: GREG RADOMISLI, ESQ.
BY:
GREG RADOMISLI, ESQ.
File # 667-82153
File # 667-82153

IVONE, DEVINE & JENSEN, LLP
IVONE, DEVINE & JENSEN, LLP
Attorneys for
Attorneys for Defendant
DR. ISAK ISAKOV
DR. ISAK ISAKOV
2001 Marcus
2001 Marcus Avenue
Suite N100
Suite N100
Lake Success,
York 11042
Lake Success, New York 11042
BY: BRIAN E. LEE, ESQ.
BY:
BRIAN E. LEE, ESQ.
(Appearances continued on next page.)
(Appearances
on
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APPEARANCES
APPEARANCES CONTINUED

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CALLAN, KOSTER, BRADY & BRENNAN, LLP
CALLAN, KOSTER,
& BRENNAN, LLP
Attorneys for Defendant
Attorneys for Defendant

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LILIAN ALDANA-BERNIER
LILIAN
One Whitehall Street
One Whitehall Street

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New York, New
10004
New York, New York 10004
BY:
PAUL CALLAN, ESQ.
BY: PAUL CALLAN, ESQ.

File # 090.155440
File # 090.155440
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ALSO PRESENT AT VARIOUS TIMES: MAGDALENA
MAGDALENA
ALSO PRESENT AT VARIOUS TIMES:

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BAUZA

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STIPULATIONS
IT IS HEREBY STIPULATED AND AGREED, by
IT IS HEREBY STIPULATED
AGREED,

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and among counsel for the respective
and among counsel for the respective

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parties hereto, that the filing, sealing
parties hereto, that the filing, sealing

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and certification of the within
and certification of the

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deposition shall be and the same are
deposition shall be
the same are

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hereby waived;
hereby waived;

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that all objections, except as to form of
that all objections, except as to form of

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1 (H)

IT IS FURTHER STIPULATED AND AGREED
IT IS
STIPULATED
AGREED

the question, shall be reserved to the
the question, shall be
to the

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time of the trial;
time of the trial;

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IT IS FURTHER STIPULATED AND AGREED
IT IS
STIPULATED
AGREED

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that the within deposition
signed
that the within deposition may be signed

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before any Notary Public with the same
before any
Public
the same

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force and effect as if signed and sworn
force and
as if signed and sworn

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to before the Court.
to before the Court.

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MR. SMITH: On the record at
MR. SMITH:
On the record at

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10:29. We are starting the deposition
10:29.
We are starting the deposition

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of Dr. Lilian ——
of Dr.
MR. CALLAN: Aldana,
CALLAN: Aldana,
MR.

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A-L-D-A-N-A, Bernier.
A—L—D-A-N-A, Bernier.

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MR. SMITH: Aldana-Bernier.
MR. SMITH:
Aldana—Bernier.

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The deposition is being
The
is

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videotaped.
videotaped.

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We are at 111 Broadway,
We are at 111 Broadway, my

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office, Nathaniel Smith, and today is
office, Nathaniel Smith,
today is

-\

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the 11th of February 2014.
the 11th of February 2014.

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You can swear the Witness in.
You
swear the
in.

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L ILIAN
L I L I A N

ALDANAA L D A N A -

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B ERNIER,E the the Witness herein, having
Witness herein,
B E R N I
R,
having

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first been duly sworn by the Notary Public,
first been duly
by the Notary Public,

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was examined and testified as follows:
was examined and testified as follows:

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EXAMINATION BY MR. SUCKLE:
EXAMINATION BY MR. SUCKLE:

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Q.
Q.

What is your name?
What is your name?

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A.
A.

Lilian Aldana, hyphen, Bernier;
Lilian Aldana, hyphen, Bernier;

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L-I-L-I-A-N, A—L—D-A-N-A, hyphen,
L—I-L-I—A-N, A-L-D-A-N-A, hyphen,

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B-E-R-N-I-E-R.
B-E—R-N—I—E-R.

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Where do you reside?
Where do you reside?

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Q.
Q.
A.
A.

71 Parker Avenue, Maplewood,
71
Avenue, Maplewood,

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New Jersey 07042.
07042.

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L. ALDANA-BERNIER
L.

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Q.
Q.

Good morning, Doctor.
Good morning, Doctor. My name
My name

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is Howard Suckle. I represent Mr.
is Howard Suckle. I represent Mr.

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Schoolcraft in this matter, and I'll be
Schoolcraft in this matter, and I'll

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asking you some questions today.
asking you some questions today.
Although I'm sure your attorney
Although
sure
attorney

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has gone over some basic rules of a
has gone over some
rules of a

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deposition, let me just make sure we are
deposition, let me just make sure we are

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all are clear on them.
all are clear on them.
If at any time you don't
If at any time you don't

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understand my question for any reason
understand my
for any reason

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whatsoever, please let me
whatsoever, please let me know because if
if

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you do answer we are going to assume that
you do answer we are going to assume that

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you understood the question.
you understood the question. Okay?
Okay?

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A.
A.

Okay.
Okay.

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Q.
Q.

In addition while sometimes
In addition while sometimes

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during the course of a conversation, a
during the course of
conversation, a

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shake of the head or a nod may be an
shake of the
or a nod
be an

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appropriate answer when the answer is yes
appropriate answer when the answer is yes

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or no. Here we have a court reporter and
or no. Here we have a court reporter and

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the court reporter needs to take down
the court reporter needs to take down

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everything that you say, everything I
everything that you say, everything I

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say, and anything else said in the room.
say, and anything else said in the room.

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If the answer is appropriately
If the answer is appropriately

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yes or no, can you please use some type
yes or no, can you please
some type

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L. ALDANA-BERNIER
L. ALDANA—BERNIER

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of word, say yes or no, opposed to
of word, say yes or no, opposed to

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shaking your head?
shaking your head?

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A.
A.

Yes.
Yes.

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Q.
Q.

Also in that vein, the reporter
Also in that vein, the reporter

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needs to take down everything that you
needs to take down
that you

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and I say. Although you may anticipate
and I say. Although you may anticipate

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what my question is going to
what my question is going to be before I
before I

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finish, please let me finish it so the
finish, please let
finish it so the

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reporter can take that down and then
reporter can take that down and then

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begin to answer.
begin to answer. Okay?
Okay?

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A.
A.

Yes.
Yes.

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Q.
Q.

Doctor, can you tell me what
Doctor, can you tell me what

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you presently do for a living?
you presently do for a living?
A.
A.

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psychiatrist specialty.
psychiatrist specialty.
Q.
Q.

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Where are you employed, if
Where are you employed, if at

A.
A.

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I am a medical doctor,
I am a medical doctor,

I am.
I am.

all?
all?
I'm working for Jamaica
working for Jamaica

Hospital.
Hospital.

Q.
Q.

When
When you say you work for
say
work for

Jamaica Hospital, is that your employer?
Jamaica Hospital, is that your employer?

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A.
A.

Yes.
Yes.

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Q.
Q.

How long have you been employed
long have
employed

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by Jamaica Hospital?
by Jamaica Hospital?

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L. ALDANA-BERNIER
L.

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A.
A.

From 1995 to the present.
1995 to the present.

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Q.

I don't want to know the
I
to
the

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details, but you are paid a salary,
details, but you are paid a salary,

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correct?
correct?

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A.
A.

Yes.
Yes.

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Q.
Q.

By Jamaica Hospital?
Jamaica Hospital?

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A.
A.

Yes.
Yes.

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Q.
Q.

In other words when you see
In other words
see

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patients, you don't bill them
patients, you
them
independently, do you?
independently, do you?

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A.
A.

No, I don't.
No, I don't.

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Q.
Q.

Doctor, can you tell me where
Doctor, can you tell
where

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did you go to undergraduate school?
did you go to undergraduate school?
A.
A.

I went to the Concordia
I
to the

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College. That is for my BSN in the
College.
That is for my BSN in the

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Philippines
Philippines.

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Q.
Q.

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Are you originally from the
Are
originally from the

Philippines?
Philippines?

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A
A.

I am from the Philippines, yes.
I am from the Philippines, yes.

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Q
Q.

That's where you were born?
That's
you
born?

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A.
A.

Yes.
Yes.

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Q.
Q

What did you study at Concordia
did
study at Concordia

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College?
College?
A.
A.

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That's bachelor's of science in
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L. ALDANA-BERNIER
L.
nursing.
nursing.
MR. SMITH:
MR. SMITH: Sorry. What was
Sorry.
What was

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that bachelor's in?
that bachelor's in?
THE WITNESS: In nursing.
THE WITNESS: In nursing.

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6

Q.

When
When did you complete that?
complete that?

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A.
A.

This was in 1973.
This was in 1973.

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Q.
Q.

After you completed your
After you completed your

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bachelor's in nursing, what did you do
bachelor's in nursing, what did you do
with regards to your career or education?
with regards to your career or education?
A.
A.

When I
When I finished in March, I
in March, I

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work in the emergency room voluntarily
voluntarily
work in the

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for the Far Eastern University.
for the Far Eastern University.

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Q.
Q.

How long did you do that?
How long
do that?

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A.
A.

From March to November when I
From March to
when I

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came to the United States in 1973.
came to the United States in 1973.
Q.
Q.

When you came to the United
When you came to the United

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States, for what purpose did you come to
States, for what purpose did
come to

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the United States?
the
States?

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A.
A.

The American dream.
The American dream.

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Q.
Q.

Did you continue your education
your education

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or your career at that point?
or your career
that point?
A.
A.

Yes, 1976 to '97 I took my
Yes, 1976 to '97 I took

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master's in nursing,
master's in nursing, minor in education
in education

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at the New York University.
at the
University.

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L. ALDANA-BERNIER
L.

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Q.
Q.

So you have a master's in
So
a
in

nursing?
nursing?

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A.
A.

Yes.
Yes.

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Q.
Q.

And education?
education?

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A.
A.

Yes.
Yes.

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Q.
Q.

After you completed your
you completed your

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master's in nursing
master's in nursing and in education,
in education,

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what did you do next with
what did you do next with regard to your
to your

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career and education?
career and education?
A.
A.

After that I went to medical
that I went to medical

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school from 1981 to 1986, University of
school from 1981 to 1986,
of

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Santiago, Dominican Republic.
Santiago, Dominican Republic.

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Q.
Q.

At some point you immigrated to
some point you immigrated to

the Dominican Republic?
the Dominican Republic?

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A.
A.

Yes.
Yes.

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Q.
Q.

Did you become a citizen of the
you
a citizen of the

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Dominican Republic?
Dominican Republic?
A.
A.

No, I was a citizen of the
No, I was a citizen of the

United States before I went there.
United States before I went there.
Q.
Q.

Just for the record, when did
for the record,
did

you become a citizen?
you become a citizen?

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That was between '78 and '79.
was between '78 and '79.

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A.
A.

Q.
Q.

While you were in medical
you were in medical

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school, did you concentrate on any
school, did
concentrate on any

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L. ALDANA-BERNIER
L.

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particular area of medicine?
particular area of medicine?
A.
A.

At that point in medical
At that
in medical

school, no.
school, no.
Q.
Q.

Did you graduate from the
from the

University of Santiago?
University of Santiago?

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A.
A.

Yes.
Yes.

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Q.
Q.

What was
What was your degree?
degree?

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A.
A.

MD.
MD.

10

Q.

What
What did you do next after that
you do next after that

11
....\

12

with regard to your career or education?
with regard to your career or education?
A.
A.

In 1986 I had my externship at
In 1986 I had my externship at

13

the Elizabeth General Hospital in
the Elizabeth General Hospital in

14

psychiatry.
psychiatry.

1

15

Q
Q.

Where is that?
Where is that?

16

A.
A

In New Jersey.
In
Jersey.

17

Q
Q.

How long did you do that?
How long
you do that?

18

A.
A.

For a year.
For a year.

19

Q.
Q.

After that what did you do next
After that
you do

20
21

with regard to your career or education?
with regard to your career or education?
A.
A.

From '89 to '93, I had my
From '89 to '93, I

22

residency in psychiatry at the
residency in
at the

23

Metropolitan Hospital here in Manhattan.
Metropolitan Hospital here in Manhattan.

24

J

25

Q.
Q.

As a resident did you have to
As a
did
have to

rotate through other disciplines as well
rotate through other disciplines as well

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1

L. ALDANA-BERNIER
L.

1
2
2
3
3
4
5
6
6

as psychiatry?
as psychiatry?
A.
A.

Yes, we did internal medicine,
Yes, we
internal medicine,

urology.
urology.
Q.
Q.

Any other disciplines you
other
you

rotated through?
rotated through?
I choose my elective in
I choose
elective in

7
7

A.
A.

8

endocrine.
endocrine.

9
9

Q.
Q.

What is endocrine?
is endocrine?

10
10

A.
A.

Endocrine has to do with your
to do with

11

hormones.
hormones.

N,

12
12

Q.
Q.

‘-)

13
13

residency?
residency?

14
14

A.
A.

I did in 1993.
I
in 1993.

15
15

Q.
Q.

After your residency what did
residency what did

Did you complete that
you complete that

16
16

you do next with regard to your career or
you do next with
to
career or

17
17

education?
education?

18
18

A.
A.

After 1993 I had -- 1994 I work
After 1993 I
—— 1994 I work

19
19

at Kings County Hospital as an inpatient
at Kings County Hospital as an inpatient

20
20

doctor.
doctor.

21
22
22

Q.
Q.

When you say "inpatient
When you say "inpatient

doctor," what do you mean?
doctor," what do
mean?

23
23

Inpatient unit.
unit.

24
24
)

A.
A.
Q.
Q.

In psychiatry?
In psychiatry?

25
25

A.
A.

Psychiatry inpatient unit.
inpatient unit.

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/W)

L. ALDANA-BERNIER
L.

1
2 l
2

Q.
Q.

As an attending?
As
attending?

3
3

A.
A.

Attending.
Attending.

4

Q.
Q.

You were employed by Kings
You

5

County Hospital?
County Hospital?

6
6

A.
A.

Kings County Hospital.
Kings County Hospital.

7
7

Q.
Q.

That's a hospital run by the
That's
hospital
the

8

City of New York?
City of New York?

9

A.
A.

Yes, Brooklyn.
Yes, Brooklyn.

10

Q.
Q.

You were an employee of the
You were an
of the

11

City of New York at that time?
City of New York
that time?

.

12

A.
A.

Yes.
Yes.

‘WJ

13

Q.
Q.

We're early on now, and it's
We're early on now, and it's

14

okay, but if we keep running over each
okay, but if we keep running over each

15
15

and you're not letting me finish before
and you're not letting me

16
16

you answer, she is going to start hitting
you answer, she is
to start

17
17

me.
me.
You have to let me finish
You
to let me finish

18
18
19
19

before you answer.
before you answer. Okay?
Okay?

20
20

A.
A.

Okay.
Okay.

21

Q.
Q.

How long were you an employee
How long were you

22
22

of the City of New York?
of the City
York?

23
23

Can I count?
Can I count?

24
24
I

A.
A.
Q.
Q.

Take your time.
Take
time.

25
25

A.
A.

I'm not sure. Between eight to
I'm not sure. Between eight to

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L. ALDANA-BERNIER
L.

1

A

2
2
3
3

nine months.
nine months.
Q.
Q.

While
While you were doing your
were doing your

4
4

residency at Metropolitan, is that a City
residency at Metropolitan, is that a City

5

hospital?
hospital?

6
6

A.
A.

It's a City hospital.
It's a
hospital.

7
7

Q.
Q.

While
While you were there, were you
there,
you

8

paid any money or given any stipend?
paid any money or
stipend?

9
9

A.
A.

Paid a salary.
a salary.

10
10

Q.
Q.

So you were an employee at that
So you were an employee at that

11

point too of the City of New York,
point too of the City of New York,

Y,

12
12

correct?
correct?

1»)

13
13

A.
A.

Yes.
Yes.

14
14

Q.
Q.

How long were you an employee
How long
an employee

15
15

of Metropolitan?
of Metropolitan?

16
16

A.
A.

Four years.
Four years.

17
17

Q.
Q.

After the inpatient attending
After the inpatient attending

18
18

at Kings County Hospital, what did you do
at Kings
Hospital,
did you do

19
19

next?
next?

20
20

21

A.
A.

I went to Coney Island
I went to Coney Island

emergency room.
emergency room.

22
22

What
What did you do there?
do there?

23
23

A.
A.

Emergency room attending.
room attending.

24
24
)

Q.
Q.

Q.
Q.

Psychiatric?
Psychiatric?

25
25

A.
A.

Psychiatric emergency room
emergency room.

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L. ALDANA-BERNIER
L. ALDANA—BERNIER

1
l
Q.
Q.

2
2
3
3

Is Coney Island Hospital a City
Is
Island
a City

hospital?
hospital?

4

A.
A.

City hospital.
hospital.

5

Q.

How long did you work as an
How long
as an

6
6

attending at the Coney Island Hospital
attending at the
Island Hospital

7
7

for the City of New York?
the City of
York?

8

A.
A.

At the time maybe three months.
At the time maybe three months.

9

Q.

When you went from Kings to
from Kings to

10
10

Coney Island Hospital, was this a
Coney Island Hospital, was this a

11

transfer; did you leave one job and start
transfer; did you leave one job and start

W

12
12

a new job?
a new job?

I)

13
13

A.
A.

I left one job to start a new
I left one job to start a new

Q.
Q.

After what year was it that you
what year
it that you

14
14
15
15
16
16

job.
job.

worked at
worked at Coney Island Hospital?
Island Hospital?

17
17

A.
A.

That was 1995.
1995.

18
18

Q.
Q.

After Coney Island Hospital,
After Coney Island Hospital,

19
19

what did you do next?
what did you do next?

20
20

A.
A.

I went to Jamaica Hospital.
I
to Jamaica Hospital.

21

Q.
Q.

So you went to Jamaica Hospital
So you
to
Hospital

22
22

in 1995?
in 1995?

23
23

'95.
'95.

24
24
)

A.
A.
Q.
Q.

And you have been employed
been employed

25
25

there ever since?
there ever since?

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1’)
L. ALDANA-BERNIER
L.

1
2
2

A.
A.

Yes.
Yes.

3
3

Q.

When
When you first got to Jamaica
first got to Jamaica

4
5
6
6
7
7

Hospital, what was your position?
Hospital, what was your position?
A.
A.

I was working in the emergency
I was
in the

room as an attending psychiatrist.
room as an
psychiatrist.
Q.
Q.

And has that position changed
has that
changed

8

at all, have you changed your position at
at all, have you changed your position at

9

Jamaica Hospital?
Jamaica Hospital?

10
10
11

Q.
Q.

As an attending? I'm still an
As an attending? I'm still an

attending.
attending.

12
12

J

A.
A.

13
13
14
14
15
15

16
16
17
17
18
18
19
19

20
20
21
22
22

You are still in the same
You are still in the same

position as in 1995?
position as in 1995?
A.
A.

I'm an attending still in
an
still in

Jamaica Hospital.
Jamaica Hospital.
Q.
Q.

Were
Were you anything other than an
anything other than an

attending at Jamaica Hospital?
attending at Jamaica Hospital?
A.
A.

I was director of the emergency
I was director of the emergency

room.
room.
Q.
Q.

When were you the director of
When were you the director of

the emergency room?
the
room?
A.
A.

I am not sure.
I
sure.

I don't
I don't

23
23
24
24
)

remember when, but I was acting director
remember when,
I was acting director
and became the director.
and became the director. Then I was
Then I was

25
25

still an attending at Jamaica Hospital.
still an
at Jamaica Hospital.

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L. ALDANA-BERNIER
L.

1
2
3

Q.

How
How many months or years were
months or years

you the acting director?
you the acting director?

4

A.
A.

How many years?
How
years?

5

Q.
Q.

How long?
How long?

6

A.
A.

Like -— I
no recollection.
Like -- I have no recollection.

7

Q.

Was
Was it a year, two years, six
a year, two years, six

8
9
10

months, ten years? Give me an idea.
months, ten years? Give me an idea.
A.
A.

As acting, approximately one
As acting, approximately one

year.
year.

11

Q.
Q•

How
as director?
How about as director?

12

A.
A.

Director, maybe ten years.
Director,
ten years.

13

Q.
Q.

While
While you were the acting
were the acting

14

director and director, were you actually
director and director, were
actually

15

practicing medicine during that period of
practicing medicine
that
of

16

time?
time?

17

A.
A.

Yes.
Yes.

18

Q.
Q.

Well, was there any difference
Well, was there any difference

19

in the job function as acting director or
in the job
as acting director or

20

director?
director?

21

A.
A.

No. They were trying to find
No.
They were trying to find

22

something so you are just the acting
something so you are just the acting

23

until they find a real director.
until they
a real director.

24

Q.
Q•

And they found you?
they found you?

25

A.
A.

Yeah, I have been there. They
They
Yeah, I have been there.

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L. ALDANA-BERNIER
L.

1
2

rather have somebody in there than take
rather have somebody in there than take

3
3

somebody from outside.
somebody from outside.

4

Q.
Q.

When was the last time
When was the last time you were
were

5

in the role of director of the
in the role of
of the

6
6

psychiatric emergency room at Jamaica
psychiatric
Jamaica

7

Hospital?
Hospital?

8

A.
A.

That was October 2013.
That was
2013.

9
9

Q.

So in October 2009, you were
So in October 2009,
were

10
10

the director of the psychiatric emergency
the director of the psychiatric emergency

11

room?
room?

8,

12
12

A.
A.

Yes.
Yes.

“-§

13
13

Q.
Q.

As a director of the
As a
of the

14
14

psychiatric emergency room in October
psychiatric
room in October

15
15

2009, what were your responsibilities and
2009, what were
responsibilities and

16
16

functions?
functions?

17
17

A.
A.

Director of emergency room, you
of emergency room, you

18
18

19
19

You attend administrative meeting.
You attend administrative meeting. At
At

20
20

the same time, you were still do
the same time,
still do

21

clinicals, you still have the clinical
clinicals, you still have the clinical

22
22

aspect. You have to see the patients.
aspect.
You have to see the patients.

23
23

At the same time, you have to oversee the
At the same time, you have to oversee the

24
24
I)

do have administrative responsibility.
do have
responsibility.

residents and the other staff of the
residents
the other staff
the

25
25

emergency room.
room.

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L. ALDANA-BERNIER
L.

1
2
2

Q.
Q.

As the director of the
As the director of the

3
3

emergency room, did you have any role in
emergency room,
any role in

4
4

creating or drafting any of the rules or
creating or drafting
of the rules or

5

regulations of Jamaica Hospital emergency
regulations of
Hospital emergency

6
6

room?
room?

7
7

A.
A.

Together with the other members
Together
the other

8

of the team or other administrators, yes,
of the team or other administrators, yes,

9
9

I sit down with them and give my
I sit down with them and give

10
10
11

feedback.
feedback.
Q.
Q.

How much of your job in October
much of
job in October

12
12

2009 as director involved administrative
2009 as director

13
13

work versus
work versus clinical work?
work?

14
14

A.
A.

I do more clinical.
I do more clinical.

15
15

Q.
Q.

You say more clinical?
You say
clinical?

16
16

A.
A.

More clinical, yes.
More clinical, yes.

17
17

Q.
Q.

Give me an idea how much of
Give me
idea
much of

18
18

your day or week was spent doing
your day or week was spent doing

19
19

administrative work versus clinical work?
administrative work versus clinical work?

20
20

A.
A.

I do more clinical, but I was
I do more clinical,
I was

21

the only psychiatrist in the emergency
the only
in the emergency

22
22

room until -- go ahead?
room until —— go ahead?

23
23

Q.

Until when?
Until when?

24
24

A.
A.

Until they had given me a new
Until they had given me a new

25
25

attending which was for only one year.
attending which was for only one year.

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L. ALDANA-BERNIER
L.

1
l
2
2

Q.
Q.

When was that?
When was that?

3
3

A.
A.

In 2012/2013.
In 2012/2013.

4

Q.
Q.

So October 2009 you were the
So October 2009
the

5

only attending psychiatric physician in
only attending
in

6
6

the psychiatric emergency room?
the psychiatric
room?

7
7

A.
A.

Yes.
Yes.

8

Q.
Q.

And did you have a set schedule
have a set schedule

9
9
10
10
11
11
12
12

at the time during the day that you
at the time during the
that
worked?
worked?
A.
A.

I go to work from eight
I go to work from eight

o'clock.
o'clock.

13
13

Q.
Q.

Until when?
Until when?

14
14

A.
A.

That depends, until finishing
That depends, until

15
15

I

my patient.
my patient. II cannot stay because
cannot stay because

16
16

sometimes you work overtime, six o'clock,
sometimes you work overtime, six o'clock,

17
17

seven o'clock.
seven o'clock.

18
18

Q.
Q.

What is the standard day?
What is the standard day?

19
19

A.
A.

Eight to four.
Eight to four.

20
20

I want you to know, I don't
I want you to know, I don't

21

stay until four o'clock. I stay more
stay until four o'clock. I stay more

22
22

than that.
than that.

23
23

Q.
Q.

24
24

That's what I'm trying to find
That's
I'm trying to find

out.
out.

On an average day, if there is
On an average day, if there is

25
25

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if
L. ALDANA-BERNIER
L.

1
2

such a thing, how long do you stay at the
such a thing, how
do
stay at the

3

hospital?
hospital?

4

A.
A.

Maybe ten, 12 hours.
Maybe ten, 12 hours.

5

Q.

When I talked
When I talked about

6

administrative responsibilities, to
administrative responsibilities, to

7

oversee the residents, was that part of
oversee the residents, was
of

8

that administrative responsibility, is
that administrative responsibility, is

9

that clinical, or something else?
that clinical, or
else?

10
11
12

A.
A.

That's more of your teaching
That's
of
teaching

responsibilities.
responsibilities.
Q.
Q.

How about overseeing the staff,
How
overseeing the staff,

13

is that in addition to your
is that in
to your

14

administrative responsibilities?
administrative responsibilities?

15

A.
A.

Yes.
Yes.

16

Q.
Q.

How much of your time was
much of your time was

17

devoted to doing clinical compared to all
devoted to doing clinical
to all

18

of these other functions that you had as
of these other functions that you
as

19

director?
director?

20
21
22

A.
A.

I spend maybe out of the ten
I spend
out of the ten

hours, I spend eight hours clinical.
hours, I spend
hours clinical.
Q.
Q.

When
When you say "overseeing
say "overseeing

23
24

1

staff," is that the nursing staff or
staff," is that the nursing staff or
something else?
something else?

25

A.
A.

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Yes, nursing staff.
Yes,
staff.
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(3
L. ALDANA-BERNIER
L.

1
2

Q.
Q.

In addition to having been the
In
to having
the

3

only psychiatric physician employed at
only psychiatric physician
at

4

the emergency room in October 2009, were
the emergency room in October 2009,

5

there other physicians who had privileges
there other physicians who

6

in the emergency room; psychiatric I'm
in the
room; psychiatric I'm

7

talking about?
talking about?

8

A.
A.

Yes.
Yes.

9

Q.
Q.

And how did that work, what
And
that work,

10

kind of association did other doctors
kind of
other doctors

11

have with the psychiatric emergency room
have with the
emergency room

12

that you are aware of?
that you are
of?

13

A.
A.

"

We divided in shifts. One you
We divided in shifts.
One you

14

have that works from four to 12 and one
have that works
four to 12 and one

15

that work from 12 to eight.
that work from 12 to eight.

16

Q.
Q.

When you say "one that works,"
When you say "one that works,"

17

since you were the only one employed,
since you were the
one employed,

18

what was the title of the people that
what was the title of the people that

19

worked for the
worked for the other two shifts?
two shifts?

20

A.
A.

Also psychiatrists.
Also psychiatrists.

21

Q.
Q.

Were they employed
Were they employed by Jamaica
Jamaica

22

Hospital?
Hospital?

23

A.
A.

Yes.
Yes.

24

Q.
Q.

And that was in October 2009?
And that was in October 2009?

25

A.
A.

Yes.
Yes.

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L. ALDANA-BERNIER
L.

1
2

Q.
Q.

Let me just clarify: I thought
Let me just clarify: I thought

3

you said you were the only psychiatrist
you said you were the only

4

working in the emergency room in October
working in the
room in October

5

2009. Are you saying these other
2009.
Are you saying these other

6

psychiatrists were residents?
psychiatrists were residents?

7

A.
A.

I'm referring to the time you
referring to the time you

8

were asking. The time I work from eight
were asking. The time I work from eight

9

to four, I am the only psychiatrist.
to four, I am the
psychiatrist.

10

Q.

So during your shift?
So during
shift?

11

A.
A.

shift.
During my shift.

12

Q.

In October 2009 who were the
In October 2009 who were the

13

other psychiatrists employed by Jamaica
other psychiatrists
Jamaica

14

Hospital that you are aware of in the
Hospital that you are aware of in the

15

emergency room?
room?
MR. RADOMISLI:
Objection to
MR. RADOMISLI: Objection to

16
17

form.
form.

18

A.
A.

19
20
21

When you saying other
you saying other

psychiatrists, include the residents?
psychiatrists, include the residents?
Q.
Q.

not talk about residents
Let's not talk about residents

yet. The other attendings.
yet.
The other attendings.

22

A.
A.

Who are the other?
are the other?

23

Q.
Q.

Yes, who are the other
Yes, who are the other

24
25

physicians that man those other shifts?
physicians that
those other shifts?
A.
A.

212-267-6868

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remember who those
I will not remember who those
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L. ALDANA-BERNIER
L.

1
2
2

psychiatrist were.
psychiatrist were.

3
3

MR. SMITH: What was the answer?
MR. SMITH:
What was the answer?

4

MR. CALLAN: She doesn't
MR. CALLAN: She doesn't

5

remember.
remember.
[The requested portion of the
[The requested portion of the

6
6
7
7

record was read.]
record was read.]

8

Q.

9
9

And working at Metropolitan,
And
at Metropolitan,

Kings County Hospital, Coney Island
Kings County Hospital, Coney Island

10
10

Hospital up until your job working with
Hospital up until
job
with

11
11

Jamaica Hospital, did you ever encounter
Jamaica Hospital,
you ever

p-

12
12

patients brought in by police officers to
patients brought in
officers to

“VJ

13
13

the emergency psychiatric unit?
the emergency
unit?

14
14

A.
A.

Did I ever encounter?
I ever encounter?

15
15

Q.

Yes.
Yes.

16
16

A.
A.

In all of the hospitals that I
In all
the hospitals that I

17
17

worked?
worked?

18
18

Q.
Q.

Yes.
Yes.

19
19

A.
A.

Yes.
Yes.

20
20

Q.
Q.

From October 2009 back into
From
2009
into

21
22
22

encounter patients who had been brought
encounter patients who
been brought

23
23

to the psychiatric emergency room by
to the
emergency room by

24
24
)

your career, how many times did you
your career,
times did you

police officers?
police officers?

25
25

A.
A.

212-267-6868

I will not remember.
I will
remember.
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L. ALDANA-BERNIER
L.

1

Hundreds of people, thousands
Hundreds of people, thousands

2
2

Q.
Q.

3
3

of people?
of people?

4

A.
A.

Not hundreds.
hundreds.

5

Q.
Q.

How often in your career have
often in
career have

6
6

you encountered patients brought to the
you
patients
to the

7
7

psychiatric emergency room by police
psychiatric
room

8

officers?
officers?

I

9
9

A.
A.

Repeat that question.
that question.

10
10

Q.
Q.

Sure.
Sure.
In your career how many times
In your career
times

11

have you encountered patients being
have you
being

13
13

brought to the emergency room by police
brought to the
room by

14
14

)

12
12

officers?
officers?

15
15
16
16

17
17

A.
A.

I think I answered you.
I think I answered you.

I will
I will

say I cannot remember.
say I cannot remember.
Q.
Q.

Can you give me an estimate
Can you
me an estimate

18
18

what kind of
what kind of number we are talking about:
are talking about:

19
19

ten times, five times, a hundred times?
ten times, five times, a
times?

20
20
23.
21

A.
A.

Well, I
Well, I will be deceiving you
be deceiving you

if I told you a number, right?
if I told
a number, right?

22
22

Q.
Q.

23
23

Can you give your best
Can you give your best

estimate?
estimate?

24
24

-0)

A.
A.

Maybe ten.
ten.

25
25

Q.
Q.

In those ten or so times,
In those ten or so times,

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L. ALDANA-BERNIER
L.

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l
2
2

understanding it's an estimate, do you
understanding it's an estimate, do

3
3

recall any of those patients being
recall any of those patients

4

brought in in handcuffs?
brought in in handcuffs?

5
6
6
7
7

A.
A.

answer that?
answer that?
Q.
Q.

10
10
11
11

Yes or no.
Yes or no.
Do you remember anybody, any of
Do
remember anybody, any of

8
9

Okay. How do you want me to
Okay.
How do you want me to

those ten or so people, being brought in
those ten or so people,
brought in
in handcuffs?
in handcuffs?)
A.
A.

They were -- any time an
They
—- any time an

V,

12
12

officer bring a patient, they are in
officer bring
patient, they are in

"-)

13
13

handcuffs.
handcuffs.

14
14

Q.
Q.

Every single time that you
single time that you

15
15

encountered officers bringing patients to
encountered officers
patients to

16
16

the hospital, they are in handcuffs in
the hospital, they
in
in

17
17

your history?
your history?

18
18

A.
A.

When an officer brings a
When an officer brings a

19
19

patient to the emergency room, they
patient to the emergency room, they

20
20

usually are in handcuffs.
usually are in handcuffs.

21
22
22

Q.
Q.

And they are usually under
And they are usually under

arrest?
arrest?

23
23

Not all are under arrest.
Not all are under arrest.

24
24
>

A.
A.
Q.

When
When you say "they are not all
say "they are not all

25
25

under arrest," what do you mean?
under arrest,"
mean?

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L. ALDANA-BERNIER
L.

1
2
2

A.
A.

When they bring in a
When they bring in a patient

3
3

very agitated, combative, violent,
very agitated, combative, violent,

4

depending on the nature of their call,
depending on the nature of their call,

5

I'm sure they were being brought by
I'm sure they were

6
6

handcuffs.
handcuffs.

7
7

Q.
Q.

And do you recall as you sit
do you recall as you sit

8

here any of names of any of those
here any of names of any of those

9
9

patients?
patients?

10
10

A.
A.

No.
No.

11

Q.
Q.

And do you recall as you sit
do you recall as you sit

12
12

,)

here a gentleman named Adrian Schoolcraft
here a gentleman
Adrian Schoolcraft

13
13

from only your memory?
from only your memory?

14
14
15
15

A.
A.

Hold on. You're saying from my
Hold on. You're saying from my

memory?
memory?

16
16

Q.
Q.

Yes.
Yes.

17
17

A.
A.

Because I have been reading the
Because I have
reading the

18
18

chart.
chart.

19
19

Q.
Q.

Independent of the records, do
of the records, do

20
20

you have any memory of Adrian
you have
of

21

Schoolcraft?
Schoolcraft?
MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

22
22
23
23

24
24

1

form of the question.
the question.
You can answer.
You can answer.

25
25

A.
A.

212-267-6868

No, I don't.
No, I don't.
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L. ALDANA-BERNIER
L.

1
2
3

Q.
Q.

Okay. Can't describe him
Okay.
Can't describe him

physically, can you?
physically, can you?

4

A.
A.

No.
No.

5

Q.
Q.

So am I correct that your
So
I correct that your

6

entire memory of any care or treatment
entire memory of any care or treatment

7

you may have rendered to Mr. Schoolcraft
you may have rendered to Mr. Schoolcraft

8

is contained in the hospital chart of
is contained in the hospital chart

9

Jamaica Hospital?
Jamaica Hospital?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

10
13.

form.
form.
MR. CALLAN: II join in the
MR. CALLAN:
join in the

12
13

objection.
objection.
You can answer.
You can answer.

14
15

A.
A.

From it, yes.
it, yes.

16

Q.
Q.

So your memory of care and
So your
of care and

17

treatment of Mr. Schoolcraft comes from
treatment of Mr.
comes from

18

the notes contained in the hospital chart
the notes contained in the hospital chart

19

of Jamaica Hospital, correct?
of Jamaica Hospital, correct?

20

A.
A.

Yes.
Yes.

21

Q.
Q.

And prior to coming here today,
prior to coming here today,

22

did you review any documents?
did you review
documents?

23

A.
A.

The same, yes.
The same, yes.

24

Q.
Q.

What
What did you review?
review?

25

A.
A.

The records [indicating]
The records [indicating].

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1

L. ALDANA-BERNIER
L.

2
2
3
3

Q.
Q.

When
When you say "the records,"
say "the records,"

what records?
what records?

4

A.
A.

The hospital records.
The
records.

5

Q.
Q.

Of who?
Of who?

6
6

A.
A.

Of Mr. Schoolcraft.
Of Mr. Schoolcraft.

7
7

Q.
Q.

Did you review the entire
review the entire

8

hospital chart?
hospital chart?

9
10
10

A.
A.

maybe five pages.
maybe five pages.

11
12
12
13
13
14
14
15
15
16
16
17
17
18
18

Not the entire, just go through
the entire, just go through

Q.
Q.

What five pages did you look
five pages did you look

A.
A.

1

Just going through
Just
through

at?
at?

[indicating].
[indicating].
Q.
Q.

What was the nature of the
was the nature of the

things you looked at?
things you
at?
A.
A.

I want to the consult, and I
I want to the consult, and I

went through the notes
went through the notes of the resident.
the resident.

19
19

Q.
Q.

Your consult and the Your
and the --

20
20

A.
A.

The consult of the resident and
The consult of the resident and

21

the notes of the residents when the
the notes of the residents
the

22
22

resident was working in the emergency
resident was
in the emergency

23
23

room.
room.

24
24
25
25

Q.
Q.

Your consult and the resident's
Your
and the resident's

note in your - note in
--

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L. ALDANA-BERNIER
L.

1
2

A.
A.

Not my consult, a consult done
consult, a consult done

3

by the resident in the medical ER and the
the resident in the
ER and the

4

notes of the resident when the patient
notes of the resident when the

5

was in our psych unit.
was in our psych unit.

6
7
8
9
10
11

Q.
Q.

The consult of the resident,
The consult of the resident,

was that a psych ER consult?
was that a psych
consult?
A.
A.

It was a psychiatric consult in
It was a
consult in

the medical ER.
the medical ER.
Q.

And then you looked at notes
then
looked at notes

from the psych ER?
the
ER?

12

A.
A.

From the psych ER.
the
ER.

13

Q.

Were any of those your notes?
Were any
those your notes?

14

A.
A.

The notes of the residence.
The notes of the residence.

15

Q.
Q.

Prior to coming here today and
to coming
today and

16

since October 2009, have you ever looked
since October 2009, have
ever looked

17

at any notes that you made in the chart?
at any notes that you made in the chart?

18

A.
A.

No.
No.

19

Q.
Q.

So in anticipation of coming
So in
of coming

20

here today before you came to this room,
here today before you came to this room,

21

did you look at any documents before
did you look
any
before

22

today?
today?

23

A.
A.

Yes, same notes.
Yes, same notes.

24

Q.

Same notes.
Same notes.
In that entire time from
In that entire time from

25

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L. ALDANA-BERNIER
L.

1
2

October 2009 up until today, did you have
October 2009 up until today, did
have

3

access to the entire Jamaica Hospital
access to the entire Jamaica Hospital

4

chart, at least as you understood it to
chart, at least as
it to

5

be?
be?

6

No.
No.

7

Q.
Q.

No one showed it to you?
No one showed it to you?

8

A.
A.

No.
No.

9

Q.
Q3

Did you ask to review it?
you ask to review it?

10

A.
A.

Before, but I was stopped.
Before,
I was stopped.

11

,1

A.
A.

Q.
Q.

Who stopped you?
Who stopped you?

12

A.
A.

The hospital risk management.
The hospital risk management.

13

Q.
Q.

So you at some point decided
So you at some

14

you want to look at the chart, and risk
you want to look
the chart, and risk

15

management asked
management asked you not to do that?
not to do that?

16

A.
A.

The very, very first time, yes
The very,
first time, yes.

17

I don't remember when was that but was
I don't remember
was that
was

18

risk management.
risk management.

19

Q.
Q.

Was that when
Was that when you received some
received some

20

type of summons and complaint regarding
type of summons
complaint regarding

21

this lawsuit?
this lawsuit?

22

A.
A.

Yes.
Yes.

23

Q.
Q.

After that you knew you were
After that you knew
were

24

J

coming here to testify, correct,
coming here to testify, correct,

25

somewhere before today someone told you
somewhere before today someone told

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L. ALDANA-BERNIER
L.

1
2
2

have to testify, right?
have to testify, right?

3
3

A.
A.

Yes.
Yes.

4

Q.
Q.

In fact this is the second time
In
this is the second time

5

1
that you arrived in this room to testify,
that you arrived in this room to test" fy,

6
6

correct?
correct?

7
7

A.
A.

Yes.
Yes.

8

Q.
Q.

In anticipation of either of
In anticipation of either of

9
9
10
10

those two times, you never reviewed the
those two times, you never
the
chart other than the notes you -chart other than the notes
--

11
11

A.
A.

You're right.
You're right.

W

12
12

Q.
Q.

You never reviewed any chart
You never reviewed
chart

‘-)

13
13

with your
on it
to
with your handwriting on it prior to

14
14

today?
today?

15
15

A.
A.

My handwriting?
My handwriting?

16
16

Q.
Q.

Yes.
Yes.

17
17

A.
A.

I saw it.
I saw it.

18
18

Q.

So you read your handwriting or
So you read your
or

19
19

your notes?
your notes?

20
20

A.
A.

Yes.
Yes.

21

Q.
Q.

So now you have told me you
So
have told

22
22
23
23

psychiatric resident, in the medical ER
psychiatric resident, in the
ER

24
24

-)

have read the consult of a resident,
have read the consult of a resident,

and the notes in the psychiatric ER?
and the notes in the
ER?

25
25

A.
A.

212-267-6868

[Indicating.]
[Indicating.]
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L. ALDANA-BERNIER
L.

1
2

Q
Q.

And your notes?
notes?
MR. CALLAN: Those were her
MR. CALLAN: Those were her

3
4

notes, Counsel. I think that's the
notes, Counsel. I think that's the

5

confusion.
confusion.
MR. SUCKLE: I'll clarify.
MR. SUCKLE:
I'll clarify.

6
7

Thank you.
Thank you.

8

A.
A.

Yes.
Yes.

9

Q.
Q.

As your counsel points out, the
As your counsel points out, the

10

psych ER notes included your notes?
psych ER notes
your notes?

11

A.
A.

Yes.
Yes.

12

Q.
Q.

Did you make any notes in the
you
any notes in the

13

chart that you were aware of that were
chart that you were aware of that were

14

not done in the psych ER?
not done in the
ER?

15

A.
A.

No.
No.

16

Q.
Q.

And did you review any other
review any other

17

documents in anticipation of coming here
documents in anticipation of coming here

18

to testify?
to testify?

19

A.
A.

No.
No.

20

Q.
Q.

Did you read any transcripts of
you read any transcripts of

21

any testimony prior to today?
any testimony
to today?

22

A.
A.

No.
No.

23

Q.
Q.

Did you speak to anybody at
you speak to
at

24

Jamaica Hospital regarding preparing for
Jamaica Hospital
for

25

testimony here today?
testimony here today?

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L. ALDANA-BERNIER
L.

1
2

A.
A.

No.
No.

3

Q.
Q.

Have you spoken to anybody at
Have you spoken to anybody at

4

Jamaica Hospital -Jamaica Hospital -MR. SUCKLE: Withdrawn.
MR. SUCKLE:
Withdrawn.

5
6

Q.
Q.

Have you spoken to anybody at
Have you spoken to anybody at

7

Jamaica Hospital about your care and
Jamaica Hospital about your care

8

treatment of Mr. Schoolcraft?
treatment of Mr. Schoolcraft?

9

A.
A.

No.
No.

10

Q.
Q.

How about anybody else's care
about
else's care

11

and treatment of Mr. Schoolcraft?
and treatment of Mr. Schoolcraft?

12

A.
A.

Who?
Who?

13

Q.
Q.

Have you ever spoken to anybody
Have you
spoken to anybody

14

at Jamaica Hospital about anybody else's
at Jamaica Hospital about anybody else's

15

care and treatment of Mr. Schoolcraft?
care and treatment of Mr. Schoolcraft?

16

A.
A.

No.
No.

17

Q.
Q.

Have you spoken to anybody from
Have you spoken to anybody from

18

the New York City Police Department
the New York City Police Department

19

regarding your care and treatment of Mr.
regarding your care and treatment of Mr.

20

Schoolcraft?
Schoolcraft?

21

A.
A.

No.
No.

22

Q.
Q.

And just for the record, what
just for the record,

23

is risk management? You said you spoke
is risk management? You said you spoke

24

to risk management. What is that?
to risk management. What is that?

25

A.
A.

212-267-6868

They are the legal department.
are the legal department.
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L. ALDANA-BERNIER
L.

1
2

MR. SUCKLE: Mark this 69.
MR. SUCKLE:
Mark this 69.

3

[The document was hereby marked
[The
was

4

as Plaintiff's Exhibit 69 for
as Plaintiff's
69 for

5

identification, as of this date.]
identification, as of this date.]
MR. CALLAN:
MR. CALLAN:

6

I'll show you
I'll show

7

what's been marked as Plaintiff's
what's been
as Plaintiff's

8

Exhibit 69.
69.
Counsel from Jamaica Hospital,
Counsel from Jamaica Hospital,

9
10

>

is that the hospital chart provided to
is that the hospital chart
to

11

I

you by Jamaica Hospital for Adrian
you by
for Adrian

12

Schoolcraft?
Schoolcraft?
MR. RADOMISLI:
RADOMISLI: Yes.
MR.
Yes.

13
14
15

Q.

I will ask you, do you know
I will ask you, do you know

what this is?
what this is?

16

A.
A.

That's our record.
That's our record.

17

Q.
Q.

When you say "our record,"
When you say "our record," you

I

E
1

1|

1
|

18

mean Jamaica Hospital's record?
mean Jamaica
record?

19

A.
A.

Jamaica Hospital record.
Jamaica Hospital record.

20

Q.

That record is created as part
That record is
as

21

of the business of Jamaica Hospital,
of the business of Jamaica Hospital,

22

correct?
correct?

23

Correct.
Correct.

24
|
1
1

A.
A.
Q.
Q.

It's the business of Jamaica
It's the business of Jamaica

25

Hospital to make that record?
Hospital to make that record?

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L. ALDANA-BERNIER
L.

2

A.
A.

You're right.
You're right.

3
3

Q.
Q.

And that record is kept at
that record is

4

Jamaica Hospital as part of its regular
Jamaica Hospital as
of its regular

5

course of business, correct?
course of business, correct?

6
6

A.
A.

Yes.
Yes.

7

Q.
Q.

And entries in this chart were
in this chart were

8

made on or about the dates listed in
made on or about the dates listed in

9

here?
here?

10
10

A.
A.

Yes.
Yes.

11

Q.
Q.

Is this the record that you had
Is this the record that
had

12
12

access to review prior to testifying here
access to review
to testifying here

13
13

today?
today?

14
14

A.
A.

Yes.
Yes.

15
15

Q.
Q.

Or a copy of it?
Or a copy of it?

16
16

A.
A.

Or the copy, yes.
Or the copy, yes.

17
17

Q.
Q.

But you did have a chance to
did have a chance to

18
18

review this original record here today
review this original record
today

19
19

prior to testifying?
prior to testifying?

20
20

A.
A.

Yes, when I came in here.
Yes,
I came in here.

21

Q.
Q.

Can you tell me from your
Can you tell me from

22
22

review of the record before we go through
review of the record before we go through

23
23

the record, generally what was your role,
the record,
what was your role,

24
24

if at all, was with regard to the care
if at all, was with regard to the care

25
25

and treatment of Mr. Schoolcraft?
of Mr. Schoolcraft?
and

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L. ALDANA-BERNIER
L.

1
2
2

A.
A.

What was
What was my role in the care?
role in the care?

3
3

Q.
Q•

Yes.
Yes.

4

A.
A.

My role was I as soon as I came
was I as soon as I came

5

to the emergency room, I had the
to the emergency room, I
the

6
6

responsibility to go and see every
responsibility to go
see every

7
7

patient that was left over under my care
patient that was left over
care

8

and Mr. Schoolcraft was one of them so I
and Mr. Schoolcraft was one of them so I

9
9

had to, like, every other patient go and
had to, like,
other
go

10
10

see him, speak to him, evaluate him.
see him, speak to him,
him.

11

-J

Evaluate him?
Evaluate him?

12
12

1.

Q.
Q.
A.
A.

Yes.
Yes.
And then I have to read the
then I
to read the

13
13
14
14

notes of the initial doctor who was the
notes of the initial doctor who was the

15
15

resident that saw the patient.
resident that saw the patient. I have to
I have to

16
16

assess that note, and make my decision if
assess that note, and make my
if

17
17

needed to be admitted.
needed to be admitted.

18
18

Q.

In your training as a nurse,
In your training as a nurse,

19
19

did you learn about the creation of
did you learn
the creation of

20
20

hospital records?
hospital records?

21

A.
A.

Did I what?
I what?

22
22

Q.
Q.

Did you learn about how to make
learn about how to

23
23

24
24
J

hospital records in your training as a
hospital records in your training as a
nurse?
nurse?

25
25

A.
A.

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How to make hospital records?
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L. ALDANA-BERNIER
L.

1
2
2

Q.
Q.

Yes.
Yes.

3
3

A.
A.

Yes.
Yes.

4

Q.
Q.

Did you also learn how to make
also learn how to

5

hospital records during your training as
hospital records during your training as

6
6

a physician?
a physician?

7
7

A.
A.

Yes.
Yes.

8

Q.
Q.

And as a resident, did you
as a resident, did

9
9

learn about how to make hospital records?
learn about how to make hospital records?

10

A.
A.

Yes.
Yes.

11
11

Q.
Q.

How about Kings County, did you
How
Kings County, did

12

learn there about how to make hospital
learn there about how to make hospital

13

records?
records?

V

14
14

A.
A.

Yes.
Yes.

15
15

Q.
Q.

And the same for Coney Island
the same for Coney Island

16
16

Hospital, correct?
Hospital, correct?

17
17

A.
A.

Yes.
Yes.

18
18

Q.
Q.

And Jamaica Hospital as well?
Jamaica
as well?

19
19

A.
A.

Yes.
Yes.

20
20

Q.
Q.

In fact do you know what the
In fact do you
what the

21
22
22
23
23
24
24

25
25

purpose of creating a hospital record is?
purpose of
record is?
A.
A.

That's to keep a file on the
That's to keep
on the

patient.
patient.
Q.
Q.

Is that just to have a file, or
Is that just to
a file, or

is there a medical purpose for creating a
is there a medical
for creating a

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L. ALDANA-BERNIER
L.

1
2
3

hospital record?
hospital record?
A.
A.

Yes, a medical purpose for the
Yes, a medical purpose
the

4

file to ascertain that the patient was in
file to ascertain that the
in

5

that place when he was treated.
that place when he was treated.

6
7
8
9
10
11

Q.
Q.

Just to know whether or know he
Just to
whether or know he

was physically in the place?
was physically in the place?
A.
A.

It's a medical record of the
It's a medical record of the

patient, complete medical record of the
patient, complete medical
of the
patient.
patient.
Q.
Q.

When you say "complete medical
When you say "complete medical

12

record," it's supposed to show the
record," it's
to show the

13

treatment of a patient at a facility?
treatment of a
at a facility?

14
15
16

A.
A.

Treatment, treatment plan, and
Treatment, treatment plan, and

discharge plan.
discharge plan.
Q.

If there is an evaluation of
If there is an evaluation

17

the patient, the records are required to
the patient, the records are
to

18

have details of that evaluation, correct?
have details of that evaluation, correct?

19

A.
A.

Yes.
Yes.

20

Q.
Q.

If there is an examination of
If there is an examination of

21

the patient, it's required to create
the patient, it's
to create

22

notes regarding that -notes regarding that -MR. CALLAN: Objection.
MR. CALLAN: Objection.

23
24

A.
A.

Yes.
Yes.

25

Q.
Q.

Does good and accepted medical
Does
medical

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1
2
2

practice require when a physician
practice require
a

3
3

examines a patient they make a note of
make a note of
examines a patient

4

that examination?
that examination?

5

A.
A.

Yes.
Yes.

6
6

Q.
Q.

Does good and accepted medical
Does
medical

7
7

practice require when a physician makes
practice require

8

an evaluation of the patient, they need
an evaluation of the patient, they need

9

to make a note of that evaluation?
to make a note of
evaluation?

10
10

A.
A.

Yes.
Yes.

11
11

Q.
Q.

And why do physicians make
do

12
12

notes of their examinations of patients
notes of their examinations

13
13

in hospital charts?
in hospital charts?

14
14

A.
A.

Why do we make notes?
do
make notes?

15
15

Q.
Q.

Yes.
Yes.

16
16

A.
A.

We have to make notes to
We have to make notes to make

”

17
17

sure that we have seen the patient, that
sure that we have seen the patient, that

18
18

we have
we have assessed what we are supposed to
we are supposed to

19
19

be doing for the patient, and to make
be doing for the patient, and to

20
20

sure there is a record that the patient
sure there is a
that the patient

21

was assessed and
was assessed and evaluated and treated;
treated;

22
22

that's why we do it.
that's why
do it.

23
23

Q.
Q.

-

Isn't it also important to note
it also important to note

24
24

,1

in the records either your examinations
in the records either
examinations

25
25

or evaluation of a patient so that in the
or
of
so that in the

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L. ALDANA-BERNIER
L.

2

future someone else can read those
future someone
can read those

3

evaluations and examinations and
evaluations and examinations and

4

understand what took place?
understand
took place?

5

A.
A.

You're right.
You're right.

6

Q.
Q.

You know in medicine sometimes
You
in
sometimes

7

you are not the last physician to see a
you are not the last
to see a

8

patient, correct?
patient, correct?

9

A.
A.

That's right.
That's right.

10

Q.

Especially in a hospital
in a

setting?
setting?

11
12

A.
A.

That's correct.
That's correct.

13

Q.
Q.

Sometimes
will evaluate or
Sometimes you will evaluate or

14

see a patient and other physicians will
see a patient
other physicians will

15 ’

see a patient and evaluate them, correct?
see a patient
evaluate them, correct?

16

A.
A.

Yes.
Yes.

17

Q.
Q.

And you know that other
know that other

18

physicians may want to review what
physicians may
to

19

happened in the past, correct?
happened in the past, correct?

20

A.
A.

That's correct.
That's correct.

21

Q.
Q.

That's one of the reasons for
That's one of the reasons for

22

creating a hospital record and notes in
creating a
record
notes in

23

the hospital, correct?
the hospital, correct?

24

A.
A.

That's correct.
That's correct.

25

Q.

In fact you testified that you
In
you testified that

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L. ALDANA-BERNIER
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went back and read some previous
went back and read some previous notes

3
3

that other physicians made in Mr.
that other physicians
in Mr.

4

Schoolcraft's chart during your care and
Schoolcraft's chart during your
and

5

treatment of him, correct?
treatment of him, correct?

6
6

A.
A.

That's correct.
That's correct.

7
7

Q.
Q.

It's important for you to have
It's important for you to

8

notes from other physicians so you know
notes from other physicians so
know

9
9

what their evaluations were, correct?
what their evaluations were, correct?

10
10

A.
A.

That's correct.
That's correct.

11

Q.
Q•

Also to know what their
Also to know what their

12
12

examinations were?
‘examinations were?

13
13

A.
A.

That's correct.
That's correct.

14
14

Q.
Q.

And to know what they base
to
what they

15
15

their examinations and evaluations on,
their examinations
evaluations on,

16
16

correct?
correct?

17
17

A.
A.

That's correct.
That's correct.

18
18

Q.
Q.

The only way to know that would
The only
to
that

19
19

be to read the chart and see what is
be to read the chart and see what is

20
20

written down, correct?
written down, correct?
MR. RADOMISLI: Objection to
MR. RADOMISLI:
Objection to

21
22
22

form.
form.

23
23

A.
A.

That's correct.
That's correct.

24
24

(Q.
Q.

When you
When you went and evaluated Mr.
evaluated Mr.

25
25

Schoolcraft, did you actually speak to
Schoolcraft,
actually speak to

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L. ALDANA-BERNIER
L.

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2

the residents that had written the notes
the residents that
the notes

3

that you just described?
that you just described?

4

A.
A.

5

residents.
residents.

6

Q.
Q.

I did not speak to the
I
speak to the
I read his notes.
I
his notes.
You relied on the records to
You
on the records to

7

determine what previously had taken place
determine what
taken

8

with Mr. Schoolcraft; is that what
with Mr. Schoolcraft; is that what you're

9

saying?
saying?

10
11
12

i)

A.
A.

I read his notes. I had to go
I read his notes. I had to go

see the patient.
see the patient.
Q.
Q.

Do you know whether or not any
Do you
or not any

13

physician reviewed any of your records
physician
of
records

14

after you treated Mr. Schoolcraft?
after you
Mr. Schoolcraft?

15
16

A.
A.

I do not know if they reviewed
I do
if they reviewed

my records.
my records.

17

Q.
Q.

Do you know if they did?
Do you
if they did?

18

A.
A.

I'm sure they go and read the
I'm sure they go and read the

19

notes.
notes.

20

Q.
Q.

When you
When you examine a patient in
a patient in

21

the psychiatric ER, is that a physical
the psychiatric ER, is that a physical

22

examination, psychiatric examination, or
examination, psychiatric examination, or

23

something else?
something else?
MR. LEE: Objection to form.
MR. LEE: Objection to form.

24

>

25
25

A.
A.

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Psychiatric evaluation.
evaluation.
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L. ALDANA-BERNIER
L.

1
2
2

Q.
Q.

Did you in October 2009 or
in October 2009 or

3
3

November 2009 have a standard practice
November 2009 have
standard

4

how you did a psychiatric examination?
how you did a psychiatric examination?

5

A.
A.

Yes, yes. Evaluate the patient
Yes, yes. Evaluate the patient

6
6

and get the history of present illness
get the
of
illness

7
7

and the past history and then you do a
the past
and then you do a

8

mental status exam.
mental status exam.

9
10
10

Q.
Q.

So you do history, past
So you do history, past

history, and mental status exam?
history, and
status exam?

11

Yes.
Yes.

Q
'

A.
A.

12
12

Q.
Q.

And the history is gotten by
the history is gotten by

Y

13
13

asking the patient questions?
asking the
questions?

14
14

A.
A.

Yes.
Yes.

15
15

Q.
Q.

And any other way that you get
any other
that you

16
16

the history?
the history?

17
17

A.
A.

It's just through interaction.
It's just through interaction.

18
18

Q.
Q.

With the patient?
With the patient?

19
19

A.
A.

With the patient, yes.
the patient, yes.

20
20

Q
Q.

So you ask a question, the
So you
a question, the

21

patient answers, so you get the history?
patient answers, so
the history?

22
22

A.
A.

Yes.
Yes.

23
23

Q.
Q.

How about the past medical
How
the
medical

24
24
D

25
25

history, same thing?
history, same thing?
A.
A.

212-267-6868

Yeah, it's history, present
Yeah, it's history,
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L.

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illness, past history, past medical
illness, past history,
medical

3
3

history, and the mental status exam.
history, and the mental status exam.

4

Q.
Q.

Everything but the mental
the mental

5

status exam is done by asking the patient
status exam is done by asking the patient

6
6

questions, getting answers, and writing
questions, getting answers,
writing

7
7

it down?
down?

8

A.
A.

Yes.
Yes.

9

Q.
Q.

Why
Why did you write those things
write those things

10
10
11

down?
down?
A.
A.

For records so that somebody
For records so that somebody

12
12

)

else when the next doctor comes will be
else when the next
comes will

13
13

able to read the notes.
able to read the notes.

14
14

Q.
Q.

What is a mental status exam?
is
mental status exam?

15
15

A.
A.

A mental status exam is -mental status exam is --

16
16

entails different questions like testing
entails
questions like testing

17
17

cognitive function.
cognitive function.

18
18

Q.
Q.

Conative function?
Conative function?

19
19

A.
A.

Yes.
Yes.
Testing his abstraction,
Testing his abstraction,

20
20
21
22
22

thought content whether there is a
thought
whether there is a

23
23

delusion, there is a hallucination, if he
delusion, there is a hallucination, if he

24
24

.9

testing his thought process, testing the
testing his thought process, testing the

was suicidal or homicidal;
was suicidal or homicidal; also includes
includes

25
25

visual assessment which is looking at his
visual
is looking at his

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L. ALDANA-BERNIER
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appearance and also assessing his speech
appearance and also
his speech

3

and assessing his insight and judgment.
and assessing his insight
judgment.

4

Q.
Q.

This is how you do your mental
This is
you do
mental

5

status exam on all the psychiatric
status exam on all the

6

patients -patients --

7

A.
A.

Yes.
Yes.

8

Q.
Q.

You do your own examination,
You do your own examination,

9

correct?
correct?

10

A.
A.

Yes.
Yes.

11

Q.
Q.

Let's go to testing conative
Let's go to testing conative

12

0)

13
14

functioning,
do
do that?
functioning, how do you do that?

A.
A.

Testing orientation, checking
orientation, checking

his memory.
his memory.

15

Q.
Q•

And you ask him questions?
ask him questions?

16

A.
A.

Yes.
Yes.

17

Q.
Q.

You did a mental status
You
a mental status

18

examination on Mr. Schoolcraft, right?
examination on Mr. Schoolcraft, right?

19

A.
A.

Yes.
Yes.

20

Q.
Q.

You
questions about
You asked him questions about

21

his memory, correct?
his memory, correct?

22

A.
A.

We do that on all our patients.
We do that on all our patients.

23

0Q.
2•

You
that on Mr.
You did that on Mr.

24

1

25

Schoolcraft, correct?
Schoolcraft, correct?
A.
A.

212-267-6868

We do it on all of our
We do it on all of our
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L.
L. ALDANA-BERNIER

2

patients. I may have done on Mr.
patients.
I may have done on Mr.

3

Schoolcraft.
Schoolcraft.

4

Q.
Q.

things that you do
Any other things that you do

5

with regard to conative function in your
in your
with regard to conative

6

mental status examination?
mental status examination?

7
8
9
10
11

A.
A.

Usually the orientation and the
the orientation and the

memory.
memory.
Q.
Q.

When you say "orientation,"
say "orientation,"
When

what do you mean?
what do you mean?
A.
A.

Asking what date is it today,
date is it today,

12

where are you right now, if
where are you right now, if he is aware
is aware

13

of his surrounding,
he was.
of his surrounding, where he was.

14

Q.

And
And good and accepted medical
accepted medical

15

practice requires you to perform this
practice requires
to
this

16

mental status
mental status examination of his
of his

17

cognitive functioning, correct?
cognitive functioning, correct?

18

A.
A.

That's correct.
That's correct.

19

Q.

And to make a note of your
to
a note of your

20

findings, correct?
findings, correct?

21

A.
A.

Correct.
Correct.

22

Q.
Q.

And make a note of your
a note of your

23

examination of his cognitive functioning,
examination of his cognitive functioning,

24

correct?
correct?

25

A.
A.

212-267-6868

That's correct.
That's correct.
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L. ALDANA-BERNIER
L.

1
2
2
3
3
4

Q.
Q.

You indicated obstruction
You indicated obstruction

[sic], what is that?
[sic], what is that?
A.
A.

Trying to test the intellectual
Trying to test the intellectual

5

capacity by giving problems or decision
capacity by
problems or decision

6
6

making if you give a situation.
making if you give a situation.

7
7

Q.
Q.

Did you perform this part of
this
of

8

the mental status examination on Mr.
the mental status examination on Mr.

9
9

Schoolcraft?
Schoolcraft?

10
10

A.
A.

We do that in all of our
We do that in all of our

11
11
12
12

g
~D

patients. I may have done it
patients.
I may have done it
[indicating].
[indicating].

13
13
14
14

Q.
Q.

So you did it with Mr
So you did it with Mr.

Schoolcraft?
Schoolcraft?

15
15

A.
A.

Yes.
Yes.

16
16

Q.
Q.

He is one of your patients,
He is one of your patients,

17
17

correct?
correct?

18
18

A.
A.

Yeah.
Yeah.

19
19

Q.
Q.

And does good and accepted
does
and accepted

20
20

medical practice require
medical practice require you perform this
this

21

obstruction [sic] test -obstruction [sic] test --

22
22

MR. CALLAN: Objection.
MR. CALLAN: Objection.

23
23

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

24
24
)

Q
Q.

mental status examination?
-- mental status examination?
MR. CALLAN: Objection to the
MR. CALLAN: Objection to the

25
25

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L.

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form of the question.
form of the question.
MR. SMITH: It's abstraction.
MR. SMITH:
It's abstraction.

3
3
4

You said obstruction. Let's rephrase
You said obstruction. Let's rephrase

5

that.
that.

6
6

Q.
Q.

Does good and accepted medical
Does good
medical

7
7

practice require you to perform this
practice require you to
this

8

abstraction test?
abstraction test?

9
9

A.
A.

Yes.
Yes.

10
10

Q.
Q.

And to make notes of your
to
notes of your

11

findings during that test?
findings
that test?

12
12

A.
A.

Yes.
Yes.

13
13

Q.
Q.

Thought process, what is that?
process,
is that?

14
14

A.
A.

Thought process.
process.

15
15

Q.

You said part of the test was
You said
of the test was

16
16
17
17

thought process?
thought process?
A.
A.

If he was thinking linear, is
If
was thinking linear, is

18
18

he goal directed or is he was over -he goal
or is he was over --

19
19

going [sic] disorganized or loose.
going [sic]
or loose.

20
20

Q.
Q.

Good and accepted medical
medical

21

practice requires you to perform that
practice requires you to
that

22
22

examination as part of your mental status
examination as
of
status

23
23

examination?
examination?

24
24

A.
A.

Yes.
Yes.

25
25

Q.
Q.

And you make notes of your
you
notes of your

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L. ALDANA-BERNIER
L.

1
2

findings, correct?
findings, correct?

3

A.
A.

Yes.
Yes.

4

Q.
Q.

You talked about whether or not
You talked about whether or not

5

part of the mental status examination is
part of the mental status examination is

6

whether or not
whether or not someone is delusional?
is delusional?

7

A.
A.

Yes.
Yes.

8

Q.
Q.

How do you that?
How do
that?

9

A.
A.

Delusional is false belief.
Delusional is false belief.

10

Q.
Q.

False belief?
False belief?

11

A.
A.

That's not in agreement with
That's
in agreement with

12

one's culture.
one's culture.

13

Q.
Q.

How do you perform that test?
How do you
that test?

14

A.
A.

You usually ask them or when
You
ask them or when

15

the patient comes and say somebody
the patient comes and say somebody

16

running after me, somebody is chasing me,
running after me, somebody is chasing me,

17

or there is a conspiracy or plot against
or there is a conspiracy or plot against

18

me; that is a delusional belief, a false
me; that is a delusional belief, a false

19

belief.
belief.

20

Q.
Q.

How do you perform that test?
How do you
that test?

21

A.
A.

They come and tell you.
They come
tell you.

22

Q.
Q.

You ask them?
You ask them?

23

A.
A.

The patient tells you.
The
tells you.

24

Q.
Q.

Have a conversation?
Have a conversation?

25

A.
A.

Yes.
Yes.

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L. ALDANA-BERNIER
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1

THE REPORTER: ‘You have to slow
THE REPORTER: You have to slow

2
3

down.
down.

4

Q.
Q.

And good and accepted medical
good and accepted medical

5

practice requires you to make a note of
practice requires you to make a
of

6

that conversation, correct?
that conversation, correct?

7

A.
A.

Yes.
Yes.

8

Q.
Q.

And to detail what the patient
to detail
the

9

says, correct?
says, correct?

10

A.
A.

Yes.
Yes.

11

Q.
Q.

For each of your patients,
For each of your patients,

I

12

” L)

correct?
correct?

13

A.
A.

Yes.
Yes.

14

Q.
Q.

And you did that with Mr.
you did that with Mr.

15

Schoolcraft, correct?
Schoolcraft, correct?

16

A.
A.

Yes.
Yes.

17

Q.
Q.

Suicidal tendencies, you said
Suicidal tendencies,
said

18

that was part of your mental status
that was part of your mental status

19

examination -examination --

20

A.
A.

Yes.
Yes.

21

Q.
Q.

-—

22

A.
A.

We
We have to ask them if they
to ask them if they

what
what did you mean?
you mean?

23
24

J

were suicidal, contemplating, if they are
were suicidal, contemplating, if they are
--

25

if they have a plan.
if they
a plan.
Q.
Q.

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And does good and accepted
does good
accepted
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L. ALDANA-BERNIER
L.

1
2

medical practice require you to
medical practice require you to make a
a

3

note of their responses to those
note of their responses to those

4

questions?
questions?

5

A.
A.

Yes.
Yes.

6

Q.
Q.

Did you ask Mr. Schoolcraft
ask Mr. Schoolcraft

>

7

those questions?
those questions?
A.
A.

8
9

Should have been asked.
Should have been asked. I'm
I'm

sure asked.
sure asked.

10

Should have been asked?
have been asked?

11

A.
A.

We
We ask for every patient.
for
patient.

12

)

Q.

Q.
Q.

So you asked it of Mr.
So you
it of Mr.

13

Schoolcraft?
Schoolcraft?

14

A.
A.

Yes.
Yes.

,

15

Q.
Q.

Did you make a note of his
make a note of his

16

responses?
responses?

MR. CALLAN: You can look at the
MR. CALLAN: You can look at the

17
chart.
chart.

18

Are you asking from her memory
Are
asking from her

19
20

or -or --

21

Q.
Q.

If you recall?
If
recall?

22

A.
A.

I do not recall if I did write
I do
recall if I

Q.
Q.

But good and accepted medical
But
and
medical

23
24

.1

25

it.
it.

practice would require you to make a note
practice
require
to
a note

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L. ALDANA-BERNIER
L.

2

of his responses to your questions
of his responses to
questions

3
3

regarding suicidal tendencies?
regarding suicidal tendencies?

4

A.
A.

Yes.
Yes.

5

Q.
Q.

How about homicidal tendencies,
about
tendencies,

6
6
7

how do you test for that?
how do you
for that?
A.
A.

When a patient comes and tell
a
comes and tell

8

you he's has thoughts of hurting anyone
you he's has thoughts of
anyone,

9
9

and then you will ask him if he has a
and then you will ask
if he has a

10
10
11

plan, if he has a weapon.
plan, if he has a weapon.
Q.
Q.

Did you do this test on Mr.
this test on Mr.

A

12
12

E-)

13
13

A.
A.

Yes.
Yes.

14
14

Q.
Q.

Did Mr. Schoolcraft have a plan
Mr. Schoolcraft have a plan

15
15

Schoolcraft?
Schoolcraft?

or a weapon?
or a weapon?

16
16

A.
A.

I will not remember.
I will
remember.

17
17

Q.
Q.

Did you make any notes? Does
Did you make any notes? Does

18
18

good and accepted medical practice
good and
medical

19
19

require you to make a note of Mr.
require you to make a note of Mr.

20
20

Schoolcraft's responses to your question
Schoolcraft's responses to your question

21

regarding homicidal tendencies?
regarding homicidal tendencies?

22
22

A.
A.

I will not remember.
I will
remember.

23
23

Q.
Q.

Does good and accepted medical
Does good and accepted medical

24
24
)

25
25

practice require you to make that note -practice
to
that note -A.
A.

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Yes.
Yes.
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L. ALDANA-BERNIER
L.

1
2
3

Q.

-- regarding Mr. Schoolcraft's
-— regarding Mr. Schoolcraft's

response regarding homicidal tendencies?
response regarding homicidal tendencies?

4

A.
A.

Yes.
Yes.

5

Q.

And good and accepted medical
and accepted medical

6

practice requires you to make a note of
practice requires you to make a note of

7

both suicidal or homicidal
both suicidal or homicidal

8

representations that the patient makes to
representations that the
makes to

9

you as a physician, correct?
you as a physician, correct?

10

Correct.
Correct.

11

" 7)

A.
A.
Q.
Q.

For every patient that makes
For
that makes

12

representation about a method by which
representation
which

13

they were going to perform a suicide or a
they were going to
a suicide or a

14

homicide, you would make a note of that,
make a note of that,
homicide, you

15

correct?
correct?

16

A.
A.

Correct.
Correct.

17

Q.
Q.

Because good and accepted
good and

18

medical practice
medical practice would require you to
require you to

19

make that note, correct?
make that note, correct?

20

A.
A.

That's correct.
That's correct.

21

Q.
Q.

If there is no such note, the
If there is no such note, the

22

patient didn't say it, correct?
patient didn't say it, correct?

23

A.
A.

That's correct.
That's correct.

24

Q.
Q.

If the patient did not express
If the
did
express

25

a suicidal tendency, you would not make a
a suicidal tendency,
not
a

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L. ALDANA-BERNIER
L.

1
2

note of that?
note of that?

3

MR. CALLAN: Objection to form.
MR. CALLAN:
Objection to form.

4

MR. SUCKLE: II will rephrase it
MR. SUCKLE:
will rephrase it.

5

Q.
Q•

If the patient did not express
If the
not express

6

how they were going to perform some type
they were going to
some type

7

of homicidal act of homicidal
-MR. SUCKLE: I'm withdrawing
MR. SUCKLE:
I'm withdrawing

8
9
10

that question too.
that question too.
Q.
Q.

When a
When a patient expresses a
expresses a

11

I )

suicidal thought, do you write down the
suicidal thought, do you write
the

12

details of that thought in -details of that
in --

13

A.
A.

Yes.
Yes.

14

Q.
Q.

Because good and accepted
Because good and accepted

15

medical practice requires you to do that,
medical practice requires you to do that,

16

correct?
correct?

17

A.
A.

Yes.
Yes.

18

Q.
Q.

the absence of any note
And the absence of any note

19

regarding homicidal thought in your
regarding homicidal thought in your

20

records means the patient did not express
records means the
did not express

21

a homicidal thought, correct?
a homicidal thought, correct?

22

A.
A.

It will say that the patient is
will say that the
is

23
24

.1)

not homicidal or they will put a negative
not homicidal or they will put a negative
sign, a circle.
sign, a circle.

25

Q.
Q.

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I'm talking about you in your
talking about
in your
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L. ALDANA-BERNIER
L.

1
2
2

record.
record.

3
3

A.
A.

Uh-huh.
Uh-huh.

4

Q.
Q.

When a
When a patient expresses how
expresses how

5

they intend to commit a homicidal act, do
they intend to commit a homicidal act, do

6
6

you write down the thought of the patient
you write down the thought of the

7
7

how they were going to commit the
how they were
to commit the

8

homicidal act?
homicidal act?

9

A.
A.

Yes.
Yes.

10
10

Q.

When a
When a patient expresses how
expresses how

11

they are going to commit a suicidal act,
they are going to commit a suicidal act,

j

12
12

do you write down what the patient tells
do you write down
the
tells

.)

13
13

you about how they were going to perform
you about how they were
to

14
14

a suicidal act?
a suicidal act?

15
15

A.
A.

That's correct.
That's correct.

16
16

Q.
Q.

If there is no note regarding
If there is no note regarding

17
17

how a patient is going to commit a
how a patient is
to commit a

18
18

suicidal act, that means the patient
suicidal act, that means the patient

19
19

didn't express to you how they were going
didn't express to you
they were going

20
20

to commit a suicidal act, correct?
to commit a suicidal act, correct?

A

21

A.
A.

Correct.
Correct.

22
22

Q.

If there is no note regarding
If there is no
regarding

23
23
24
24
)

how a patient was planing to commit a
how a patient was
to commit a
homicidal act, that means the patient
homicidal act, that means the

25

didn't express to you how they were going
didn't express to you
they were going

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L. ALDANA-BERNIER
L.

2
2

to commit a homicidal act, correct?
to commit a homicidal act, correct?

3
3

A.
A.

That's correct.
That's correct.

4

Q.

You have to assess their
You have to assess their

5
5

speech. How do you do that?
speech.
How do you do that?

6
6

A.
AA.

7

pitch:
pitch:

8

Q.
Q.

9

Characterize the volume and the
the
and the
Is it soft, is it normal.
Is it soft, is it normal.
And again, good and accepted
again, good and accepted

medical practice requires
as a
medical practice requires you as a

10
10

physician while performing this mental
physician while
this

11

status examination to make a note
status examination to make a note

_

12
12

regarding the assessment of speech,
regarding the assessment of speech,

J

13
13

correct?
correct?

14
14

A.
A.

That's correct.
That's correct.

15
15

Q.
Q.

Did you have access to Mr.
access to Mr.

16
16

Schoolcraft's entire chart when you first
Schoolcraft's entire chart when you first

17
17

saw him?
him?

18
18
19
19

Did you understand the
the
question.
question.

20
20

A.
A.

Yes.
Yes.

21

Q.
Q.

Physically, this chart we now
Physically, this chart we now

22
22
23
23

accessible to you in the psychiatric
accessible to you in the

24
24
)

have as Exhibit 69 in some form was fully
have as
69 in some form was fully

emergency room when you saw Mr.
emergency
saw Mr.

25
25

Schoolcraft, correct?
Schoolcraft, correct?

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L. ALDANA-BERNIER
L.

2

MR. CALLAN: Objection to form.
MR. CALLAN: Objection to form.

3
3

MR. SMITH: Objection to form.
MR. SMITH:
Objection to form.

4

There is a timing issue.
There is a timing issue.

5

Q.
Q.

Was Mr. Schoolcraft's
Was Mr. Schoolcraft's medical

6
6

chart as it existed at the time that you
chart as it existed
the time that

7

saw him available to you at Jamaica
saw him available to
at Jamaica

8

Hospital's emergency room?
Hospital's
room?

9

A.
A.

Yes.
Yes.

10
10

Q.
Q.

Did you have physically Mr.
physically Mr.

11

Schoolcraft's chart
when
Schoolcraft's chart in your presence when

12
12

you evaluated him?
you
him?

13
13
14
14

MR. CALLAN: She already said
MR. CALLAN: She already said
yes to that, Counsel.
yes to that, Counsel.

15
15

MR. SMITH:
MR. SMITH:

16
16

did.
did.

17
17

Q.
Q.

I don't think she
I
think she

18
18

Did you have it in your
Did
it in your

presence when you evaluated him?
presence when you evaluated him?

19
19

A.
A.

I saw it before I saw him.
I
it
I saw him.

20
20

Q.
Q.

Where were the charts keep in
Where were the charts keep in

21

this psychiatric emergency room at least
this psychiatric emergency
at least

22
22

as it was in November 2009?
as it was in
2009?

23
23
24
24
25
25

A.
A.

It's usually in the nursing
It's
in the nursing

station.
station.
Q.
Q.

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Are you familiar with the
Are
familiar with the
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L. ALDANA-BERNIER
L.

2

policies and procedures for Jamaica
policies and procedures
Jamaica

3
3

Hospital with regard to the use of
Hospital with
to the
of

4

restraints as they existed in 2009?
restraints as they existed in 2009?

5

A.
A.

Yes.
Yes.

6
6

Q.
Q.

What is your understanding of
is
of

7
8
9
9

that?
that?
A.
A.

A restraint a usually applied
restraint a
applied

on a patient who is a danger to himself
on a patient who is a danger to himself

10
10

or a danger to the other
or
or a danger to the other patients or

11

someone is very agitated, aggressive, or
someone is very agitated, aggressive, or

12
12

violent.
violent.

13
13

They usually come in soft
They
come in soft

14
14

restraint, four-point restraints usually
restraint,
restraints usually

15
15

applied for two hours, and then staff has
applied for two hours,
then staff has

16
16

to go monitor those restraints every 15
to go monitor those restraints
15

17
17

minutes to make sure there is no
minutes to make sure there is no

18
18

impairment of circulation.
impairment of circulation.

19
19

20
20

Q.
Q.

You described a type of
You
a type of

restraint. II missed what you said.
missed what you said.
restraint.

21

A.
A.

Soft restraint.
Soft restraint.

22
22

Q.
Q.

What is a soft restraint?
What is a soft restraint?

23
23

A.
A.

They are not leather.
They are not leather. They
They

24
24

.7)

were like Velcro, like bandages, so that
were like Velcro, like bandages, so that

25
25

they wouldn't be very constricting to the
they wouldn't be
constricting to the

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L.

1
1
2
2
3

hand or the wrist of the patient.
hand or the wrist of the patient.
Q.

Are those the only type of
Are those the only type of

4

restraints that Jamaica Hospital used in
restraints that
used in

5
5

2009?
2009?

6
6

A.
A.

Yes.
Yes.

7

Q.
Q.

And who makes the decision
the decision

8
8

regarding whether or not restraints are
regarding whether or not restraints are

9

to be applied to a patient?
to be applied to a patient?

10
10

A.
A.

When the doctor is not present,
When the doctor is not present,

11
11

any nursing staff that's there can make a
any nursing staff that's there can
a

12
12

decision if the patient should be
decision if the
should be

13
13

restrained.
restrained.
What they do is call the doctor
they do is call the doctor

14
14
15
15

and they will tell the doctor that a
and they will tell the doctor that a

16
16

restained, and in
patient is going to be restained, and in
patient is
to

17
17

30 minutes that doctor has to go and
has to go and
30 minutes that

18
18

check the patient.
check the patient.

19
19

Q.
Q.

When a patient was brought in
was brought in
When a

20

in handcuffs at Jamaica Hospital in 2009,
in handcuffs at Jamaica Hospital in 2009,

21

was there a procedure for
was there a procedure for assessment as
as

22
22

to whether or not that person should be
should
to whether or
that

23
23

put into hospital restraints or not?
put into hospital restraints or not?

24
24

A.
A.

Repeat that again.
that again.

25
25

Q.
Q.

Sure.
Sure.

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‘\

L. ALDANA-BERNIER
L.

1

When a
When a patient was brought into
was
into

2
3

the hospital, Jamaica Hospital, in
the hospital,
Hospital, in

4

handcuffs in 2009, was there a hospital
handcuffs in 2009, was there a hospital

5

procedure for determining whether or not
procedure for determining whether or

6

that patient should be put in the soft
that patient should be put in the soft

7

restraints that you described?
restraints that you described?

8
9

A.
A.

Depends on the case.
Depends on the case. If the
If the

patient is in handcuffs taken to our
patient is in handcuffs taken to our

10

emergency room and the patient is
emergency
the
is

11

agitated or violent and a danger to that
agitated or violent and a danger to that

12

community of the ER, then he will have to
community of the ER, then he will
to

13

be restained. We usually restrain those
be restained. We usually restrain those

14

kind of patients, violent patients.
kind of patients,
patients.

15

Q.
Q.

When a
When a violent patient comes in
comes in

16

in handcuffs, they were then placed into
in handcuffs, they were then
into

17

the soft restraints, correct?
the soft restraints, correct?

18

A.
A.

Yes.
Yes.

19

Q.
Q.

Why is that?
Why is that?

20

A.
A.

If they are violent, if we see
If they are violent, if
see

21

them as a potential danger, then we have
them as a potential danger, then
have

22

to restrain them.
to restrain them.

23

Q.
Q.

Are the only appropriate
Are the only appropriate

24

restraints to be used at Jamaica Hospital
restraints to be
Jamaica Hospital

25

in 2009 the soft restraints that you have
in 2009 the soft restraints that you have

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L. ALDANA-BERNIER
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1
2
2

been describing?
been describing?
MR. RADOMISLI: Objection to
MR. RADOMISLI: Objection to

3
3
4

form.
form.
MR. CALLAN: I join the
MR. CALLAN:
I join the

5
6
6

objection.
objection.

7
7

Q.
Q.

Does good and accepted medical
medical
good and

8

practice require when a patient was
was
practice require when

9
9

brought in in handcuffs that the hospital
brought in in handcuffs that the hospital

10
10

replace those handcuffs with soft
replace those handcuffs with soft

11

restraints in 2009?
restraints
2009?
MR. RADOMISLI: Objection to
Objection to
MR. RADOMISLI

12
12
13
13

form.
form.

14
14

A.
A.

Not all handcuffs are soft
all handcuffs are soft
I'm trying to say if we
trying to say if we

15
15

restraints.
restraints.

16
16

think they were violent and a danger or
a danger or
think they were violent

17
17

if they are going to be destructive, we
if they are going to be destructive, we

18
18

have to put them in restraints.
have to put them in restraints.

19
19

Q.
Q.

When you say not all handcuffed
you say not all handcuffed

20
20

people are put in restraints, are all
people are put in restraints, are all

21

people that need to be restrained removed
people that
to
restrained removed

22
22

from handcuffs and put into soft
from handcuffs and put into soft

23
23

restraints?
restraints?

24
24

A.
A.

If they were violent.
If they were violent.

25
25

Q.
Q.

How soon after admission in
soon after
in

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L. ALDANA-BERNIER
L.

1
2

handcuffs should the patient be put into
handcuffs should the patient
into

3

soft restraints?
soft restraints?

4

A.
A.

They go through triage.
They go through triage. If
If

5

triage assess the patient and they assess
triage assess the patient
they assess

6

that the patient needs to be on
that the patient needs to
on

7

restraints because they were violent, as
restraints because they were violent, as

8

soon as they come into the emergency
soon as they come into the emergency

9

room, we have to take off the handcuffs
room, we have to take off the handcuffs

10

and put them on four-point restraints.
put them on four—point restraints.

11

Q.
Q.

Why is that?
Why is that?

12

A.
A.

Because they are dangerous.
they are dangerous.

13

That's after the assessment.
That's after the assessment. If we know
If we know

14

they are dangerous, we have to put them
they are dangerous, we
to
them

15

on restraints.
on restraints.

16

Q.
Q.

Am I correct once a patient is
Am I correct once a
is

17

brought into Jamaica Hospital in
brought into
Hospital in

18

handcuffs and they become a patient of
handcuffs and
become a
of

19

the hospital, physicians are going to
the hospital, physicians are going to

20

make decisions
make decisions about restraints and the
restraints and the

21

type of restraints to be used, correct?
type of restraints to be used, correct?

22

A.
A.

Yes.
Yes.

23

Q.
Q.

Not the police officers,
Not the police officers,

24
D

25
25

correct?
correct?
A.
A.

212-267-6868

No, they don't have a role.
No, they don't have a role.
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L. ALDANA-BERNIER
L.

1
2
2
3
3
4

Q.
Q.

When you say "they don't have a
you say "they don't have a

role," what do you mean?
role," what do you mean?
A.
A.

They don't have a role in
don't have a role in

5

deciding if our patient should be
deciding if our
should be

6
6

restrained or not.
restrained or not.

7
7

Q.
Q.

If a patient is handcuff and
a
is handcuff and

8

the hospital wants the handcuffs removed,
the hospital wants the handcuffs removed I

9
9

they should be removed, correct?
they should be removed, correct?
MR. RADOMISLI: Objection to
MR. RADOMISLI:
Objection to

10
10
11

form.
form.
MR. CALLAN: Objection to form.
MR. CALLAN:
Objection to form.

N

12
12

7 -)

13

13

A.
A.

The handcuffs?
The handcuffs?

14
14

Q.
Q.

Yes.
Yes.

15
15

A.
A.

If we think they have to -If
think they have to --

16
16

clarify that. There are many, many -- go
clarify that. There are many, many -- go

17
17

ahead. Can you clarify it?
ahead.
Can you clarify it?
MR. SUCKLE: We will move onto
MR. SUCKLE:
We will move onto

18
18

19
19

something else.
else.

20
20

Q.
Q.

Did you have any role in
you have any role in

21

writing any written rules or regulations
writing any written rules or regulations

22
22

with regards to restraints
with regards to restraints at Jamaica
Jamaica

23
23

Hospital?
Hospital?

24
24
>

25
25

A.
A.

Do I have a role -- I may have
Do I
a role -- I
have

sit in in one of those sessions, yes.
sit in in one of those sessions, yes.

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L. ALDANA-BERNIER
L.

1

I

2
2

Q.

As a medical provider, your
As a
provider, your

3
3

concern is for the patient's health,
concern is for the patient's health,

4

correct?
correct?

V

5

A.
A.

Yes.
Yes.

6
6

Q.
Q.

Did you in reviewing the chart
in reviewing the chart

7
7

-- how many times did you actually speak
-- how many times
you actually speak

8

to Mr. Schoolcraft?
to Mr. Schoolcraft?
A.
A.

9
10
10

I speak to him once when I came
I speak to
once
I came

in.
in.
I'm sorry, what?
I'm sorry, what?

11

MR. SMITH:
MR. SMITH:

fix

12
12

THE WITNESS: When I came in.
THE WITNESS: When I came in.

-9

13
13
14
14

Q.
Q.

When you say when you came in,
When you say when you came in,

when your
when your shift started?
started?

15
15

A.
A.

Yes.
Yes.

16
16

Q.
Q.

It's your understanding Mr.
It's
Mr.

17
17

Schoolcraft was already in the hospital
Schoolcraft was already in the hospital

18
18

when your
when your shift started?
started?

19
19

A.
A.

Yes.
Yes.

20
20

Q.
Q.

Do you know how many other
Do
know how
other

21
22
22

first started that shift at the
first
that shift at the

23
23

psychiatric emergency room besides Mr
psychiatric
room
Mr.

24
24
)

patients were under your care when you
patients were
your care

Schoolcraft?
Schoolcraft?

25
25

A.
A.

212-267-6868

I do not know. 2009 we usually
I do not know. 2009 we usually
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L. ALDANA-BERNIER
L.

1
2
2

have a 13-bed capacity. It's always full
have a 13-bed capacity. It's always full

3
3

so I wouldn't know how many patients were
so I wouldn't know
patients

4
4

there.
there.

5

MR. SMITH: Did she say 30 beds?
MR. SMITH:
Did she say 30 beds?

6
6

THE WITNESS: Thirteen.
THE WITNESS: Thirteen.

7
7

Q.
Q.

Am I correct that the first
I correct that the

8

time that you encountered Mr. Schoolcraft
time that you encountered Mr. Schoolcraft

9
9

he was in the psychiatric emergency room,
he was in the psychiatric
room,

10
10

correct?
correct?

11

A.
A.

That's correct.
That's correct.

/I

12
12

Q.
Q.

I will show you what's been
I will show
what's

“»)

13
13

marked Plaintiff's Exhibit 69 for today's
Plaintiff's
69 for today's

14
14

date. II will ask you, can you turn to
date.
will ask you, can you turn to

15
15

the first entry that you made in this
the first entry
you
in this

16
16

chart.
chart.
[Witness complying.]
[Witness complying.]

17
17

18
18

A.
A.

[Indicating.]
[Indicating.]

19
19

Q.
Q.

And you pulled out a note, what
you
out a note,

20
20

21
22
22
23
23

24
24
>

25
25

is the date of that note?
is the date of that note?
A.
A.

That was on November 2nd, 2009,
That was on November 2nd, 2009,

three o'clock in the morning.
three o'clock in the morning.
Q.
Q.

Do you know what your shift was
Do you know what
shift was

that day?
day?
A.
A.

212-267-6868

My shift was from eight to
shift
from eight to
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L. ALDANA-BERNIER
L.

1
2
3

four.
four.
Q.

And are you familiar with the
are you familiar with the

4

any laws or rules regarding patients
any laws or rules

5

being held in psychiatric emergency rooms
being held in psychiatric
rooms

6

or hospital against their will?
or hospital against their will?
MR. RADOMISLI: Objection to
MR. RADOMISLI:
Objection to

7
8

form. Can II just see that?
form.
Can
just see that?
MR. CALLAN: [Handing.]
MR. CALLAN:
[Handing.]

9
10

A.
A.

Clarify that.
that.

11

MR. SMITH: Can I see that too?
MR. SMITH:
Can I see that too?

12

MR. CALLAN: Let's get the notes
MR. CALLAN:
Let's get the notes

13

straightened out.
out.

14

Q.
Q.

15

Just as a clarification, you
Just as
clarification,

said you made this note at three a.m.?
said you made this note at three a.m.?

16

A
A.

That's p.m.
That's p.m.

17

Q.
Q.

When did
When did your shift start?
shift start?

18

A.
A.

From eight to four.
eight to four.
MR. SMITH:
MR. SMITH:

19

A.m. or p.m.?
A.m.
p.m.?

20

Q.
Q.

8 a.m. to 4 p.m.?
8 a.m. to 4 p.m.?

21

A.
A.

Yes.
Yes.

22

Q.
Q.

Are you familiar with any rules
Are
familiar
any rules

23
24
>

in the Mental Hygiene Law for admitting
in the Mental Hygiene
admitting
patients against their will?
patients
their will?

25
25

A.
A.

212-267-6868

Yes, the involuntary admission.
Yes, the involuntary admission.
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L. ALDANA-BERNIER
L.

1

MR. SUCKLE: Let me put a thing
Let me put a thing
MR. SUCKLE:

2
3

there so you don't lose it.
lose it.
there so you
MR. LEE: II didn't hear anything
MR. LEE:
didn't hear anything

4
5

you just said.
you just said.
MR. CALLAN: His said he's
His said he's
MR. CALLAN:

6
7

putting a marker in the chart so she
putting a marker in
chart so she

8

doesn't lose her place.
doesn't lose
place.

9

Q.
Q.

What do you know of that law?
do
know of that law?

10

A.
A.

That is where two doctors will
is where two doctors will

11

commit the patient, or we have the 9.39
commit the patient, or we have the 9.39

12

which is the
admission.
which is the emergency admission.

13

Q.
Q.

What was the first one?
What was the first one?

14

A.
A.

be the
Involuntary, that would be the
Involuntary, that

15

9.27, and emergency admission is the
9.27, and
is the

16

9.39.
9.39.

17
18

Q.
Q.

What is 9.27, what does that
is 9.27,
does that

mean?
mean?

19

A.
A.

Involuntary admission.
admission.

20

Q.
Q.

That's somebody going to be
That's somebody going to

21
22

for how long?
involuntarily admitted for how long?

A.
A.

After 48 hours, that depends if
48 hours, that depends if

23

the patient is not better, they can be
the patient is not better, they can

24

kept until six months.
kept until
months.

25

Q.
Q.

212-267-6868

So 9.39 of the Mental Hygiene
So 9.39 of the Mental Hygiene
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1
2
3
4
5

L. ALDANA-BERNIER
L.
Law, what is that?
Law, what is that?

A.
A.

admission to the
Emergency admission to the

hospital which is also involuntary.
hospital which is also involuntary.
Q.
Q.

In order for a patient to be
In order
a
to

6

involuntarily
to a hospital, are
involuntarily admitted to a hospital, are

7

you familiar with the procedure that must
you familiar with the procedure that

8

take place?
take place?

9

A.
A.

Yes.
Yes.

10

Q.
Q.

learn about this in
Did you learn about this in

11

your training at
Hospital?
your training at Jamaica Hospital?

12

:1” )

A.
A.

At Metropolitan Hospital.
At
Hospital.

13

Q.
Q.

And you have been familiar with
familiar with

14

that since your training at
that since your training at Metropolitan

15

Hospital?
Hospital?

16

A.
A.

Yeah.
Yeah.

17

Q.
Q.

Have you ever had to use that
Have you ever had to use that

18

involuntary -- that 9.39 of the Mental
that 9.39 of the Mental

19

Hygiene Law to admit a patient?
Hygiene Law to admit a patient?

20

A.
A.

Yes.
Yes.

21

Q.
Q.

How
times have
How many times have you done

22

that in your career?
that in your career?

23

times.
Many times.

24
>

A.
A.
Q.
Q.

When you say "many, II
"many,"
When you

25
25

give
an
give me an

idea
is many?
idea how many is many?

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L. ALDANA-BERNIER
L.

1
2

A.
A.

At that time I used to see
At that time I used to see

3

3,000 patients a year, most likely 2,000
3,000 patients a year, most likely 2,000

4

patients.
patients.

MR. SMITH: Can you read that
MR. SMITH:
Can you read that

5
6

I'm giving you a....
a....

back.
back.
[The requested
of the
[The requested portion of the

7
8

record was read.]
record was read.]

9

A.
A.

An approximation.
An approximation.

10

Q.
Q.

Is that 2,000 patient a year?
Is that 2,000
a year?

11

A.
A.

Two thousand patients a year.
Two thousand patients a year.

12

Q.
Q.

You used Section 9.39 of Mental
You
Section 9.39 of Mental

13

Hygiene Law to admit patients against
Hygiene Law to admit patients against

14

their will 2,000 times in the year 2009,
their will 2,000 times in the year 2009,

15

correct?
correct?

16

A.
A.

Most likely, yes.
likely, yes.

17

Q.
Q.

The 2,000 per year, has that
The 2,000 per year, has that

18

basically been about how many you have
basically been
have

19

admitted per year while you work at
admitted per year while you work at

20

Jamaica Hospital to date?
Jamaica Hospital to date?
A.
A.

22
23
24

1

Cannot recall. It's hard to
Cannot recall. It's hard to

Q.
Q.

21

This is a regular occurrence in
This is a regular occurrence in

say.
say.

your practice?
your practice?
MR. CALLAN:
Objection to the
MR. CALLAN: Objection to the

25

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‘. “,-

L. ALDANA-BERNIER
L.

1
2
2

form of the question
form of the question.

3
3

Q.
Q.

Do you understand my question?
Do
question?

4

A.
A.

[No response.]
[No response.]

5

Q.
Q.

Do you understand my question?
Do
question?

6
6

A.
A.

Say it again.
it again.

7
7

Q.
Q.

Sure.
Sure.

8
9
9
10
10
11
11
EN

12
12

-)

13
13

Admitting a patient pursuant to
a patient pursuant to
9.39 of the Mental Hygiene Law is a
9.39 of the Mental Hygiene
is a
regular part of your practice, correct?
regular part of your practice, correct?
A.
A.

Yes, when I was in the
Yes, when I was in the

emergency room.
emergency room.
Q.
Q.

And does your understanding of
does
of

14
14

9.39 of the Mental Hygiene Law, does that
9.39 of the Mental Hygiene Law, does that

15
15

apply to any admission at Jamaica
apply to any
at Jamaica

16
16

Hospital or just the psychiatric
Hospital or just the

17
17

emergency room?
emergency room?

18
18
19
19

20
20

A.
A.

Just the psychiatric emergency
Just the
emergency

room.
room.
Q.
Q.

So a patient can be held
So a
can
held

21

against their will in the
against their will in the

22
22

medical
medical emergency ---

23
23
24
24
)

MR. RADOMISLI: Objection to
MR. RADOMISLI:
Objection to
form.
form.

25
25

MR. LEE: Objection to form.
MR. LEE:
Objection to form.

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L.

1

MR. CALLAN: II join in the
MR. CALLAN:
join in the

2
2
3
3

objection.
objection.

4

Q.
Q.

Without complying
Without complying with 9.39 9.39 -MR. CALLAN: Objection.
MR. CALLAN:
Objection.

5
6
6

Q.
Q.

Is that your understanding?
Is that
understanding?

7
7

A.
A.

I could admit them
I could admit them

8

involuntarily, yes.
involuntarily, yes.
Q.
Q.

9

So a patient can be admitted
So a
can
admitted

10
10

Law in the medical emergency room,
in the medical emergency room,

12
12

)

pursuant to 9.39 of the Mental Hygiene
pursuant to 9.39 of the Mental Hygiene

11
f%

.

correct?
correct?
A.
A.

13
13

In the medical emergency room?
In the medical emergency room?
MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

14
14
15
15

form of the question.
of the question.

16
16

Q.
Q.

Yes.
Yes.

17
17

MR. CALLAN: You can answer.
MR. CALLAN: You can answer.

18
18

THE WITNESS: I can answer?
THE WITNESS: I can answer?

19
19

MR. CALLAN:
CALLAN: Yes.
MR.
Yes.
A.
A.

20
20

If the patient is in the
If the
is in the

21
22
22

needs to be transferred to the
needs to be transferred to the

23
23

psychiatric ER, then we have to move them
psychiatric ER, then we have to move them

24
24

,17

medical ER and we know that the
medical ER and we know that the patient

from the medical ER to the psychiatric
the medical
to the

25
25

ER.
ER.

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L. ALDANA-BERNIER
L.

1
2
3

Q.
Q.

If someone is in the medical
If someone is in the medical

emergency room ——
emergency

4

A.
A.

Yes.
Yes.

5

Q.
Q.

-- are they free to leave?
-- are they free to leave?

6

A.
A.

From the medical ER?
the medical ER?

7

Q.
Q.

Yeah.
Yeah.

8

A.
A.

But that depends, yes.
that depends, yes.
If the medical doctor calls for
If the medical doctor calls for

9
10

an evaluation or assessment for a
an evaluation or
for a

11

psychiatric patient, if the psychiatric
psychiatric patient, if the

12

doctor deems the patient -- that the
doctor deems the patient -- that the

13

patient needs to be transferred to the
patient needs to be transferred to the

14

psychiatric ER, they were not free to
psychiatric ER, they were
free to

15

leave. They have to come to the
leave.
They have to come to the

16

psychiatric ER.
psychiatric ER.

17

Q.
.Q.

So it's your understanding a
So it's
a

18

patient in the medical ER can be held
patient in the medical
can be

19

until transferred to the psych ER for the
until
to the
for the

20

purposes of then being evaluated at some
purposes of
some

21

point in the psych ER under Section 9.39
point in the psych
under Section 9.39

22

of the Mental Hygiene Law; is that your
of the Mental Hygiene Law; is that

23

understanding?
understanding?

24

MR. LEE: Objection to form.
MR. LEE:
Objection to form.

25

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

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L. ALDANA-BERNIER
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2
2
3
3

MR. CALLAN: Same objection.
MR. CALLAN: Same objection.
A.
A.

A psychiatrist will go to the
will go to the

4

medical ER, he will assess the patient.
medical ER, he will assess the patient.

5

He already assessed and evaluated. The
The
He already assessed and evaluated.

6
6

psychiatrist will say once medically
psychiatrist will say once

7
7

cleared, transfer the patient to the
cleared, transfer the
to the

8

psych ER. So then the patient will be in
psych ER.
So then the patient will be in

9

the psych ER.
the psych ER.

10
10
11

Q.
Q.

When
When a patient is in the
is in the

medical
medical ER ---

12
12

)

A.
A.

Yes.
Yes.

13
13

Q.
Q.

-- and they want to go home,
-they
to go home,

14
14
15
15

can they go home?
can they go home?

A.
A.

It depends. If a medical
It depends. If a medical

16
16

issue, yes§ If medically cleared they
issue, yes. If medically cleared they

17
17

want to go home, they go home.
want to go home, they go home.

18
18

If a
issue and the
If a psychiatric issue and the

19
19

will say send to the psych
psychiatrist will say send to the psych

20
20

ER, then cannot go home. They have to
ER, then cannot go home. They have to

21

come to the psych ER for further
come to the psych
further

22
22

stabilization or further assessment.
stabilization or further assessment.

23
23

Q.
Q.

Under what standard or law,
Under what
or law,

24
24

-9

rule or regulation can a person be held,
rule or regulation can a person be held,

25
25

to your understanding, in the medical
to your understanding, in the medical

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L. ALDANA-BERNIER
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1
2
2

emergency room pending transfer to the
emergency room
transfer to the

3
3

psych emergency room?
psych
room?

4
4
5

A.
A.

If you are referring to that,
If
are referring to that,

there is no 9.39 or 9.27 or 9.13.
there is no 9.39 or 9.27 or 9.13.

6
6

If we know that the patient
If we know that the patient

7
7

needs to come to psychiatry, we have to
needs to come to psychiatry, we have to

8

transfer the patient to psychiatry.
transfer the patient to psychiatry.

9
9

Q.

Am I correct that the only way
I correct that the only way

10
10

a hospital can hold a patient based upon
a hospital can
a
based upon

11

a psychiatric problem is under 9.39 if
a psychiatric
is under 9.39 if

W

12
12

that patient wants to go home?
that patient wants to go home?

M)

13
13

MR. LEE: Objection to form.
MR. LEE:
Objection to form.

14
14

MR. CALLAN: Objection to form.
MR. CALLAN:
Objection to form.

15
15

MR. RADOMISLI: Objection to
MR. RADOMISLI:
Objection to

16
16

form.
form.

17
17

A.
A.

Rephrase your question.
question.

18.
18

Q.
Q.

Sure. II will rephrase it.
Sure.
will rephrase it.

19
19

You say when a person is in the
You say
a
is in the

20
20

medical
medical emergency room, they can be held.
room, they can
held.

21

What does that mean?
What does that mean?

22
22

A.
A.

If let's say the medical doctor
If let's say the
doctor

23
23
24
24
J

will ask for
will ask for a consult, he needs a psych
consult,
needs a psych
consult because let's say that patient is
consult
let's say that
is

25
25

behaving bizarre or may be agitated in
behaving
or
agitated in

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L. ALDANA-BERNIER
L.

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2

the ER or if they have a past history of
the ER or if they have a past
of

3

psychiatric illness, then that doctor
psychiatric illness, then that doctor

4

will call for a psychiatrist to come and
will call for a psychiatrist to come and

5

see the patient.
see the patient.
If the psychiatrist thinks that
If the psychiatrist thinks that

6
7

the patient needs to be transferred to
the patient needs to be transferred to

8

the psychiatric department, then we can
the psychiatric department, then we can

9

hold the patient and transfer that
hold the patient and transfer that

10

patient to the psychiatric unit.
patient to the
unit.

11

Q.

Under what regulation, rule, or
Under
regulation, rule, or

12

standard can you hold the patient that
standard can you hold the patient that

13

you're aware of that you just described?
you're aware of that you just described?

14

I

A.
A.

There is no 9.39, it's the
There is no 9.39, it's the

15

decision of the psychiatrist to transfer.
decision of the psychiatrist to transfer.

16

That's the medical ER. Usually, in the
That's the medical ER. Usually, in the

17

medical ER you cannot handle the
medical ER you cannot handle the patient

18

that has all of these symptoms that I was
that has all of these symptoms that I was

19

talking about: bizarre behavior,
talking about: bizarre behavior,

20

violent, unpredictable, delusional.
violent, unpredictable, delusional.

21

They can't handled those types
They can't
those types

22

of patients. They tend to transfer that
of patients. They tend to transfer that

23

patient to the psychiatric unit for
patient to the
for

24

further stabilization of the psychiatric
further stabilization of the

25

problem.
problem.

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L. ALDANA-BERNIER
L.

1
2
2
3
3

Q.

I'm going to ask my question
to ask my question

again. Maybe I'm not being clear.
again.
Maybe I'm not being clear.

4
4

Under what rules, standard, or
Under
rules, standard, or

5
6
6

emergency room pending transfer to the
emergency room
transfer to the

7

psychiatric emergency room for evaluation
psychiatric
room for evaluation

8

of the Mental Hygiene Law 9.39, if you
of the Mental Hygiene
9.39, if

9
9

1

law can a patient be held in a medical
can a patient be
in a medical

are aware of any?
are aware of any?

10
10

A.
A.

I'm not aware of any.
not aware
any.

11

Q.
Q.

Am I correct that Section 9.39
I
that Section 9.39

x

12
12

of the Mental Hygiene Law as you
of the Mental
Law as you

-1

13
13

understand it must be complied with in
understand it
complied with in

14
14

order to hold a patient for psychiatric
order to hold a

15
15

reasons against their will?
reasons against their will?
MR. LEE: Objection to form.
MR. LEE: Objection to form.

16
16
A.
A.

17
17
18
18

That is for when you admit the
That is for when
admit the

patient?
patient?

19
19

Q.

Yes.
Yes.

20
20

A.
A.

9.39.
9.39.

21

Q.
Q.

That's your understanding?
That's
understanding?

22
22

A.
A.

Yes, that's against the rule,
Yes, that's against the rule,

Q.

What is required by Section
is required by Section

23
23
24
24
25
25

yes.
yes.

9.39 of the Mental Hygiene Law as you
9.39 of the Mental Hygiene Law as you

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understand it in order to admit a patient
understand it in order to admit a

3

against their will under that section?
against their will under that section?

4

A.
A.

If we know that the patient
If we know that the patient

5

need admission because they are a danger
need admission because they
a danger

6

to themselves or a danger to society; if
to themselves or a danger to society; if

7

they are psychotic and not able to take
they are psychotic
not able to take

8

care of themselves; if they were
care of themselves;
they

9

depressed; if they were suicidal, then we
depressed; if they were suicidal, then we

10

make that decision that the
make that decision that the patient needs
needs

11

to be admitted even if it's against their
to be admitted even
it's
their

12

will.
will.

13

Q.
Q.

This assessment that you just
This assessment that you just

14

said has to be made, is that the kind of
said has to be made, is that the
of

15

assessment we talked about earlier:
assessment we talked about earlier: the
the

16

mental status examination?
mental status examination?

17

A. Yes. Yes.
A.
Yes.
Yes.

18

Q.
Q.

And when a person is depressed,
when a person is depressed,

19

when you say
when you say they could be held, what do
be held,
do

20

you mean?
you mean?

21

A.
A.

They could be held?
They could
held?

22

Q.
Q.

Yeah, because they are
Yeah,
they are

23

depressed?
depressed?

24

A.
A.

25

When they were
When they were depressed and
and

not able to take care of themselves, then
not able to
care of themselves, then

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that would be
also a danger to
that would be considered also a danger to

3
3

themselves because
were depressed.
themselves because they were depressed.

4

They are not functioning, not eating.
They are not functioning, not eating.

5

They could be suicidal. They were not
They could be suicidal. They were not

6
6

maybe functioning, to bare minimum.
They
maybe functioning, to bare minimum. They

7
7

are not sleeping, not eating. This is
This is
are not sleeping, not eating.

8

also
a danger to themselves so
also considered a danger to themselves so

9
9

they have to be admitted.
they have to be admitted.

10

Q.
Q.

Are there certain procedures
Are there certain procedures

11
11

that must be
in order to comply
that must be followed in order to comply

12

with 9.39 as you understand it?
it?
with 9.39 as you

13

A.
A.

Patient
able to take care
Patient not able to take care

14

of themselves then
are supposed to
of themselves then we are supposed to

15

admit these patients.
admit these patients.

16

Q.
Q.

As a physician are there
As a physician are there

17
17

certain things that you are supposed to
certain things that you are supposed to

18
18

do in order to
with Section 9.39
do in order to comply with Section 9.39

19
19

of the Mental
as you
of the Mental Hygiene Law as you

20
20

understand it?
it?

21
22
22
23
23
24
24

)

25
25

A.
A.

Yes, I have to admit this
Yes, I have to admit this

patient.
They are depressed.
patient. They are depressed.
Q.
Q.

That's all you
to do is
That's all you have to do is

them?
admit them?

A.
A.

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I have to
them, observe
I have to admit them, observe
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them, stabilize them, medicate them.
them, stabilize them,
them.
Q.
Q.

4
5

else that you have to
Anything else that you have to

A.
A.

3

Anything else. I have to
Anything else. I have to

do?
do?

6

stabilize, medicate.
stabilize, medicate.

7

have to obtain information
have to obtain information from previous

8

records.
records.

Q.
Q.

9
10

A.
A.

Q.
Q.

17
18
19

If they have a psychiatrist,
If they have a psychiatrist,

you have to
them?
you have to call them?
A.
A.

If they have a psychiatrist,
If they have a psychiatrist,

Q.
Q.

15
16

Yes.
If they have a
Yes. If they have a

psychiatrist, I have to call them.
psychiatrist, I have to call them.

13
14

of previous records,
What kind of previous records,

you mean the hospital records?
you mean the
records?

11
12 .

I have to admit. I
I
I have to admit.

What about any other doctor, do
about any other doctor, do

yes.
yes.

you have to call those doctors?
you have to call those doctors?
A.
A.

the psychiatrist.
Only the psychiatrist
If they say they want us to
If they say they want us to

20
21

call their medical doctor, yes, we call
call their medical doctor, yes, we call

22

their medical doctor.
their medical doctor.

23
24
25

Q.
Q.

have to fill out any
Did you have to fill out any

form?
form?

A.
A.

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L.
L. ALDANA-BERNIER

yes.
yes.
Q.
Q.

3

In
to comply with Section
In order to comply with Section

4

9.39 of the Mental Hygiene Law,
have
9.39 of the Mental Hygiene Law, you have

5

to fill out a release of information
to fill out a release of information

6

form?
form?
A.
A.

7

10

sorry.
I'm sorry.

In the emergency room, we do
In the emergency room, we do

8
9

I have to go back.
I have to go back.

not get release of information, only in
not get release of information, only in
the inpatient unit.
the inpatient unit.

Q.
Q.

11

Did you ever fill out any form
ever fill out any form

12

in order to comply with Section 9.39 of
in order to comply with Section 9.39 of

13

the Mental Hygiene Law, as you
the Mental Hygiene Law, as you understand

14

it?
it?

/

15
16

A.
A.

Just those forms, the 9.39
Just those forms, the 9.39

form.
form.

17

Q.
Q.

What are those forms for?
those forms for?
What

18

A.
A.

Those are legal forms.
Those are legal forms.

19

Q.
Q.

What is the
of those
What is the purpose of those

20

legal forms, do you know, as
legal forms, do you know, as you

21

it?
understand it?

22

A.
A.

The purpose of those legal
The purpose of those legal

23
24

.1

forms is just
the
that
forms is just for the reason that you
think:
if the patient is a danger to
think: if the patient is a danger to

25

himself and that
needs to be
himself and that he needs to be

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L. ALDANA-BERNIER
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stabilized in a hospital.
stabilized in a hospital.

3
3

Q.
Q.

It's for your own benefit?
It's for
own benefit?

4
4

A.
A.

No.
No.
MR. CALLAN: Objection to form.
MR. CALLAN:
Objection to form.

5
6
6

You're recharacterizing her answers
You're
answers.

7
7

MR. SUCKLE:
MR. SUCKLE:

I'm asking.
I'm asking.

8

A.
A.

It's not for my benefit.
It's
benefit.

9
9

Q.
Q.

Whose
Whose benefit is it for?
is it for?

10
10

A.
A.

For the benefit of the whole
For the
of the

11
12
12

if)

society as well as the patient and whole
society as well as the
and
society.
society.

13
13

Q.
Q.

Is it important to be accurate
Is it important to be accurate

14
14

in your recordkeeping in a hospital
in your
in a hospital

15
15

chart?
chart?

16
16

A.
A.

Repeat the question.
the question.

17
17

Q.
Q.

Is it important to be accurate
Is it important to
accurate

18
18

in your recordkeeping and note keeping in
in your
and note keeping in

19
19

a hospital chart?
a hospital chart?

20
20

A.
A.

Yes.
Yes.

21

Q.
Q.

As a physician?
As a physician?

22
22

A.
A.

Yes.
Yes.

23
23

Q.
Q.

Why?
Why?

24
24

A.
A.

It's for the sake of patient.
It's for the sake of patient.

25
25

MR. SUCKLE: Do you need to take
MR. SUCKLE:
Do you need to take

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iv

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2

a break?
a break?

3
3

THE REPORTER:
THE REPORTER: No.
No.

4

MR. SMITH: Let's take a break.
MR. SMITH:
Let's take a break.

5

We are going off the
We are going off the record at

6
6

11:51.
11:51.
[Discussion held off the
[Discussion
off the

7
7

8

record.]
record.]
[Whereupon, at 11:51 a.m., a
[Whereupon,
11:51 a.m.,

9
10
10

recess was taken.]
recess was taken.]

11
g

12
12

5-)

[Whereupon, at 12:13 p.m., the
[Whereupon,
12:13 p.m., the
testimony continued.]
testimony continued.]

13
13

MR. SMITH:
Back on the record
MR. SMITH: Back on the record

14
14

12:13.
12:13.

15
15

Q.
Q.

Doctor, you had indicated to us
Doctor,
indicated to us

16
16

your first note in the chart was November
your first note in the chart was

17
17

2nd, 2009, at 3:10 p.m.
2nd, 2009, at 3:10 p.m.

18
18

And do you know whether or not
do you
whether or

19
19

the patient had been evaluated from a
the patient had been
from a

20
20

psychiatric prospective at any time prior
psychiatric
at any time prior

21

to your note?
to your note?

22
22

A.
A.

You're asking me if -You're
me if --

23
23

Q.
Q.

I'm asking do you know whether
do you

24
24
)

or not the patient had to be evaluated
or not the patient
to be

25
25

from a psychiatric prospective at any
a
prospective at any

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L. ALDANA-BERNIER
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time prior to November 2, 2009, at any
time prior to November 2, 2009, at any

3

time before you made your note?
time before you made your note?

4
5

A.
A.

Yes.
Yes.

Q.
Q.

.

Did you review the chart of Mr
you
the chart of Mr.

6

Schoolcraft prior to seeing him on
Schoolcraft prior to seeing him on

7

November 2nd, 2009, at 3:10 p.m.?
November 2nd, 2009, at 3:10 p.m.?

8

A.
A.

Yes.
Yes.

9

Q.
Q.

Why did you do that?
do that?

10

A.
A.

To be able to know the patient
To be able to know the patient

11

and see what's going on and get
and see what's going on and get

12

information about the patient.
information about the patient.

13

Q.
Q.

And when for the first time did
when for the first time did

14

anybody do any kind of psychiatric
anybody do any kind of

15

examination or assessment of Mr.
examination or
of Mr.

16

Schoolcraft in Jamaica Hospital that
Schoolcraft in Jamaica Hospital that

17

you're aware of?
you're aware of?

18
19
20
21

A.
A.

That is when he was in the
That is
he was in the

medical ER.
ER.
Q.

And did you see a note of that
see a note of that

evaluation?
evaluation?

22

A.
A.

Yes, it's here [indicating].
Yes, it's here [indicating].

23

Q.
Q.

What is the date and time of
is the date and time of

24

that note?
that note?

25

A.
A.

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It's 11/1/2009 at 6:30 in the
It's 11/1/2009
6:30 in the
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morning.
morning.

3

MR. LEE: At what time?
MR. LEE: At what time?

4

THE REPORTER:
THE REPORTER:

5

in the
in the

morning.
morning.
MR. SUCKLE: Just give me a
MR. SUCKLE:
Just give me a

6
7

6:30

second.
second.

8

MR. SMITH: Did you see 11/1?
MR. SMITH:
Did you see 11/1?

9

THE WITNESS:
THE WITNESS: Yes, 11/1/2009 at
Yes, 11/1/2009 at
in the morning.
in the morning.

10
11

Q.
Q.

And this is a note by who?
this is a
who?

12

I)

6:30

A.
A.

Dr. Lewin.
Dr. Lewin.

13

Q
Q.

Spell that?
Spell that?

14

A.
A.

L-E-W-I-N.
L-E-W-I—N.

15

Q
Q.

It says 1 of 3 on top, correct?
It says 1 of 3 on top, correct?

16

A.
A.

Yes.
Yes.

17

Q.
Q.

It's a three-page note,
It's a three-page note,

18

correct?
correct?

19

A.
A.

Yes.
Yes.

20

Q.
Q.

And it ends and the three pages
it ends and the three pages

21

end with a note on 11/1/09 at 6:30 a.m.,
end with a
on 11/1/09 at
a.m.,

22

correct?
correct?

23

A.
A.

Yes.
Yes.

24

Q.
Q.

This is called a "Consultation
This is called a "Consultation

25

Form." What is that?
Form."
What is that?

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L. ALDANA-BERNIER
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2
2

A.
A.

When the doctor calls for a
When the doctor calls for a

3
3

consult, this is the form that we use to
consult, this is the form that we
to

4

write our notes.
write our notes.

5

Q.
Q.

What was the purpose of having
was the
of having

6
6

Mr. Schoolcraft evaluated, if you recall,
Mr. Schoolcraft evaluated, if you recall,

7
7

from your review of the chart?
from your review of the chart?

8
9
9
10
10
11
12
12

A.
A.

Okay. It said in here that a
Okay.
It said in here that a

psych consult was called and reported as
psych consult was called
reported as
patient was acting bizarre.
patient was acting bizarre.
Q.
Q.

Did you read this note prior to
read this note
to

your evaluation of the patient?
your evaluation of the patient?

13
13

A.
A.

Yes.
Yes.

14
14

Q.
Q.

Is this one of notes that you
Is this one of notes that

15
15

read prior to coming here to testify in
read prior to coming here to testify in

16
16

preparation for your testimony today?
preparation for your testimony today?

17
17

A.
A.

Yes.
Yes.

18
18

Q.
Q.

And were you able to read the
were
able to read the

19
19

note, the handwriting, when you read
note, the handwriting, when you read

20
20

it -it --

21

A.
A.

Yes.
Yes.

22
22

Q.
Q.

-- back in 2009?
-- back in 2009?

23
23

A.
A.

Yes.
Yes.

24
24

Q.
Q.

Have you seen Dr. Lewin's
Have you seen Dr Lewin's

25
25

handwriting before?
before?

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Page

L. ALDANA-BERNIER
L.

1
2
2

A.
A.

Yes.
Yes.

3
3

Q.

And you had become familiar
And
familiar

4

with it?
with it?

5

A.
A.

Yes.
Yes.

6
6

Q.
Q.

And if you go to the second
And if
to the second

7
7

page of that note, did you see from that
page of that note, did you see from

8

note there had been no prior psychiatric
note there had been no prior

9
9

history?
history?

10
11
11

A.
A.

It says in here, "Denied past
It says in here, "Denied past

psych hospitalization or treatment."
psych hospitalization or treatment."

12

Q.
Q.

Or suicidal attempt?
Or suicidal attempt?

13

A.
A.

Yes.
Yes.

14

Q.
Q.

And after this note was
And after this note was

15

written, was Mr.
written, was Mr. Schoolcraft free to go
free to go

16

home?
home?

I

17
18
19

A.
A.

After this note was written,
After this note was written,

she had recommendations.
she had recommendations.
Q.
Q.

I know. But my question was:
I know. But my question was:

20

Was Mr.
Was Mr. Schoolcraft free to go home after
to go home after

21

that note was written?
that note was written?

22

A.
A.

No.
No.

23

Q.
Q.

When you say "no," why not?
When you say "no," why not?

24

A.
A.

Because then that was her
Because then that
her

25

recommendation he needed one-to-one
recommendation
one—to-one

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L. ALDANA-BERNIER
L.\ALDANA-BERNIER

1
2
2

observation for unpredictable behavior
observation for unpredictable

3
3

and escape risk.
escape risk.
Q.
Q.

4
4

What was he escaping from, what
was
from,

was the escape risk from?
was the escape risk from?

5

A.
A.

6
6

He might run out of the
He
run out of the

7
7

emergency room because it's unlocked
emergency room because it 's

8
8

door.
door.

9
9

Q.
Q.

He needed to be held because he
He
to be

was an escape risk?
was an escape risk?

10
10
11

Q.
Q.

He needed to be observed more?
He
to be observed more?

13
13

A.
A.

One-to-one, yes.
One-to-one, yes

14
14

I

He needed to be observed more.
He
to be observed more.

12
12

jg

A.
A.

Q.
Q

Did you also read in the note
you also read in the note

15
15

on the second page, the last line on the
on the second page, the last line on the

16
16

second page where the note reads, "He
second page where the note reads, "He

17
17

denies suicidal ideations." Do you see
denies suicidal ideations." Do you see

18
18

that?
that?

19
19
20
20

’

A.
A.

Yes.
Yes.

Q.
Q.

And "He denies homicidal
"He denies homicidal

21

ideations. II
ideations."

22
22

A.
A.

Yes.
Yes.

23
23

Q.
Q.

Do you have any reason when you
Do
any reason when you

24
24
)

read that note to believe that wasn't
read that note to believe that wasn't

25
25

true?
true?

.2

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L.

1

MR. LEE: Objection to form.
MR. LEE: Objection to form.

2
3

A.
A.

But you are missing the point
But you are missing the point

4

in there when he is paranoid about his
in there when he is paranoid about his

5

supervisors.
supervisors.

6

Q.

I asked you whether you had any
I
any

7

reason to believe he was not suicidal and
reason to believe he was not suicidal and

8

not homicidal?
homicidal?

9

A.
A.

I think I need to know further
I think I
to
further

10

if he was suicidal or homicidal.
if he was suicidal or homicidal. At that
At that

11

point in time, I need to assess suicidal
point in time, I
to assess suicidal

12

or homicidal.
or homicidal.

13

Q.
Q.

You didn't have enough
You
have enough

14

information by just reading suicidal or
information by just reading suicidal or

15

homicidal, correct, you needed more
homicidal, correct,
needed

16

information, correct?
information, correct?

17
18

A.
A.

21
22

Yes, it's saying here he was
Yes, it's saying

paranoid about his supervisors.
paranoid about his supervisors.
MR. CALLAN: Objection to form.
MR. CALLAN: Objection to form.

19
20

Y

Q.
Q.

So he was being held because he
So he was
he

was paranoid?
was paranoid?
A.
A.

Not only that. He became
Not only that. He became

23
24

1

agitated, uncooperative, verbally abusive
agitated, uncooperative, verbally abusive
while he was in the medical ER so we have
while he was in the medical ER so we have

25

to find out why there is agitation, why
to find out why there is agitation, why

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L. ALDANA-BERNIER
L.

1
2
3
4
5

is was behaving bizarre.
is was behaving bizarre.
Q.
Q.

Just so I understand.
Just so I understand. He is
He is

been held because he is agitated?
been held because he is agitated?
A.
A.

Yes.
Yes.
MR. CALLAN: Wait for the
MR. CALLAN: Wait for the

6
7

question.
question.

8

Q.
Q.

9

He was being held because you
you
He was

want to know more
him, correct?
want to know more about him, correct?
MR. CALLAN: Objection to form
MR. CALLAN:
Objection to form

10
11
11

F

/i

of the question.
of the question.

12

Q.
Q.

Is that correct?
Is that correct?

13

MR. CALLAN: That question
MR. CALLAN:
That question

14

doesn't make, any sense. You are
make any sense. You are

15

‘

talking about -talking
-MR. SUCKLE: You have your
MR. SUCKLE:
You have your

16
17

objection.
objection.

18
118

Q.
Q.

19
20
21
22
23
24

D

25

Is that your understanding of
Is that your
of

the note?
the note?
A.
A.

There was more to that.
There was more to that. The
The

patient was behaving bizarre.
patient was
bizarre.
Q.
Q.

What action was he taking that
What action was he taking that

was bizarre?
was bizarre?
A.
A.

According to the note, when
to the note, when

they went to his house, the patient
they went to his house, the patient

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1

L. ALDANA-BERNIER
L.

2
2

barricaded himself
he will not open
barricaded himself and he will not open

3
3

the door so they had to break into his
the door so they had to break into his

4

apartment.
apartment.

5

Q.
Q.

Is it your understanding under
Is it your

6
6

9.39 of the Mental Hygiene Law, someone
9.39 of the Mental Hygiene Law, someone

7
7

can be held because they are acting
can be held because they are acting

8

bizarre?
bizarre?

9
9

MR. CALLAN: Objection to form.
MR. CALLAN: Objection to form.

10
10

MR. LEE: Objection to form.
MR. LEE: Objection to form.

11

Q.
Q.

Is that your understanding?
Is that your understanding?

N

12
12

A.
A.

That's my -- he can be bizarre
That's my -— he can

-)

13
13
14
14

and he can be psychotic.
and he can be psychotic.
Q.
Q.

The question was:
The
was:

Is it
Is it your

15
15

understanding of 9.39 of the Mental
understanding of 9.39 of the Mental

16
16

Hygiene Law that a patient
be held
Hygiene Law that a patient could be held

17
17

because they're acting bizarre?
because they're acting bizarre?

18
18

' MR. LEE: Objection to form.
' MR. LEE: Objection to form.

19
19

A.
A.

He can be
danger to himself.
He can be a danger to himself.

20
20

Q.
Q.

You have to answer
question.
You have to answer my question.

21

Can a patient be held under
Can a patient be

22
22

Section 9.39 of the Mental
Law
Section 9.39 of the Mental Hygiene Law

23
23

because they are acting bizarre?
because they are acting bizarre?

24
24
)

A.
A.

Yes.
Yes.

25
25

Q.
Q.

Can they be held under Mental
Can they be held under Mental

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L. ALDANA-BERNIER
L.

1
2
2

Hygiene Law 9.39, as you understand it,
Hygiene Law 9.39, as you
it,

3
3

because they are agitated?
because they are agitated?

4

A.
A.

Yes.
Yes.

5

Q.
Q.

That's your understanding of
That's
of

6
6

the law?
the law?
MR. CALLAN: Objection to the
MR. CALLAN:
Objection to the

7
7

8

form of the question.
form of the question.

9
9

Q.
Q.

Correct?
Correct?

10
10

A.
A.

[No response.]
[No response.]

11
11

Q.
Q.

Am I correct that's your
I correct that's

12
12

-1

understanding?
understanding?

13
13

A.
A.

My understanding, yes.
My understanding, yes.

14
14

Q.
Q.

So a good and accepted medical
So a good and
medical

15
15

practice as you understand it allowed to
practice as you
it allowed to

16
16

make a hospital to hold Mr. Schoolcraft
make a hospital to hold Mr. Schoolcraft

17
17

on November 1, 2009, 'cause he was acting
on November 1, 2009, ‘cause he was acting

18
18

bizarre, correct?
bizarre, correct?

19
19

MR. CALLAN: Objection to form.
MR. CALLAN: Objection to form.

20
20

MR. LEE: Objection to the form.
MR. LEE: Objection to the form.

21

Q.
Q.

Correct?
Correct?

22
22

A.
A.

It's not only the behaving
It's
the

23
23

24
24
>

bizarre. It's the whole picture that was
bizarre.
It's the whole picture that was
going on at the time. From the -going on at the time. From the --

25
25

Q.
Q.

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Did you see anything in this
you see anything in this
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Q./ r\)

L. ALDANA-BERNIER
L.

1
2

note that Mr. Schoolcraft was exhibiting
note that Mr. Schoolcraft was exhibiting

3

a threat to another person?
a threat to another person?

4

A.
A.

Not a threat to another person.
person
a threat to

5

Q.
Q.

Did you see anywhere in here
see anywhere in here

6

that he was suicidal?
that he was suicidal?

7

A.
A.

He is not suicidal.
He is
suicidal.

8

Q.
Q.

Did you see anywhere in here
see anywhere in here

9
10
11

that he was going to harm himself in any
in any
that he was going to harm
way?
way?
A.
A.

That I have to question if he
if he
I have to

12

was going to hurt himself or if he was a
was going to hurt himself or if he was a

13

danger to himself because if I have
danger to himself because if I have

14

somebody in the emergency room, you have
somebody in the emergency room,

15

a report that he was behaving bizarre or
a report that he was
or

16

he was agitated, and if I look at the
he was agitated,
if I look at the

17

whole picture from the time that
whole picture from the time that he was
was

18

was
taken away from his home where he was
taken away
his home

19

he barricaded himself, then I have to
he
himself, then I have to

20

consider
to be
his will
consider him to be held against his will.

21

Q.
Q.

-""

Did you see anything in this
you see anything in this

22

record that Mr. Schoolcraft indicated to
record that Mr. Schoolcraft indicated to

23

the
physician that he was
the consulting physician that he was

24

going to harm himself?
going to
himself?

25

A.
A.

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He said in here that he denied
He said in here that
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L. ALDANA-BERNIER
L.

1
2
2

that he was going to hurt himself.
that he was going to hurt himself. There
There

3
3

is nothing that he was going to hurt
is nothing that he was going to hurt

4

himself.
himself.

5

Q.
Q.

Or hurt anybody else, correct?
Or
anybody else, correct?

6
6

A.
A.

Nope.
Nope.

7
7

Q.
Q.

Do you know the physician, the
Do
the physician, the

8

psychiatric resident, that signed that
psychiatric resident, that
that

9

note?
note?

10
10

A.
A.

That is Dr. Lewin.
That is Dr. Lewin. The
The

11
12
12
1,)

resident was Dr. Lewin, and the attending
resident was Dr. Lewin,
the attending
Dr. Patel.
Dr. Patel.

13
13

Q.
Q.

On the last page of that note,
On the last page of that note,

14
14

it's a three-page note, is there a stamp
it's a three-page note, is there a stamp

15
15

there for the resident?
there for the resident?

16
16

A.
A.

Yes.
Yes.

17
17

Q.
Q.

So Dr. Lewin was a resident?
So Dr. Lewin was
resident?

18
18

A.
A.

Yes.
Yes.

19
19

Q.

And did Dr. Lewin provide any
And
Dr.
any

20
20

notice to Mr. Schoolcraft under 9.39 of
notice to Mr. Schoolcraft under 9.39 of

21

the Mental Hygiene Law?
the Mental Hygiene Law?
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

22
22
23
23

I would not remember that.
I
remember that.

24
24
)

A.
A.
Q.
Q.

Did Dr. Lewin, from your review
Dr. Lewin, from your review

25
25

of the records, produce any forms, signed
of the records,
any forms, signed

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1

L. ALDANA-BERNIER
L.

2
2

any form, under 9.39 of the Mental
any form, under 9.39 of the Mental

3
3

Hygiene Law in order to admit Mr.
Hygiene Law in order to admit Mr.

4

Schoolcraft against his will?
Schoolcraft
his will?
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

5
6
6

Q
Q.

Did you see any form?
see any form?

7
7

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

8

MR. CALLAN: Objection.
MR. CALLAN: Objection.

9
9

Q
Q.

Did he fill out any such form?
he fill out any such form?
MR. CALLAN: She is supposed to
MR. CALLAN:
She is supposed to

10
10
11
11
12
12
-2

get into his mind and know what he
get into his
and
he
did?
did?
MR. SUCKLE: Forms, forms, did
MR. SUCKLE:
Forms, forms, did

13
13
14
14

you see any forms.
you see
forms.
MR. CALLAN: Did you see any
MR. CALLAN:
Did you see any

15
15
16
16

forms, that's fine.
forms, that's fine.

17
17

Go right ahead.
Go right ahead.

18
18

A.
A.

No.
No.

19
19

Q.
Q.

Is there anything in the file
Is there
in the file

20
20

that suggests that Dr. Lewin actually
that suggests that Dr.
actually

21

filled out any form with regard to 9.39
out
form with
to 9.39

22
22

of the Mental Hygiene Law?
of the Mental
Law?
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

23
23

24
24
\)

Q
Q.

Anything to suggest that?
to suggest that?
MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

25
25

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L. ALDANA-BERNIER
L.

1
2

From your prospective?
From your prospective?

Q
Q.

3
3

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

4

MR. SUCKLE: I heard it.
MR. SUCKLE: I heard it.

5

MR. RADOMISLI: I strenuously
MR. RADOMISLI: I strenuously

6

object.
object.
MR. SUCKLE: I heard your
MR. SUCKLE: I heard your

7
7
8

strenuous objection.
strenuous objection.
MR. CALLAN: Do you want her to
MR. CALLAN:
Do you want her to

9
10

look through the entire record?
look through the entire record?

11

A.
A.

There are no forms.
There are no forms.

12

Q.
Q.

Did Dr. Lewin, do you see
Dr. Lewin, do
see

13

anything to suggest that Dr. Lewin then
anything to suggest that Dr. Lewin then

14

ensured within 48 hours that another
ensured within 48 hours that another

15

physician evaluated Mr. Schoolcraft?
physician
Mr. Schoolcraft?

16

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.

17

MR. CALLAN: Objection.
MR. CALLAN: Objection.

18

Q.
Q.

19

A.
A.

20
21

Does it say anything in there?
Does it say anything in there?
A

She indicated in here he needs
She indicated in here he needs

to be transferred to the psych ER.
to be
to the
ER.
Q.
Q.

And after Dr. Lewin, there is
after Dr. Lewin, there is

22

another signature. Do you know who that
another signature. Do you know who that

23

is? Did II ask you that already?
is?
Did
ask you that already?

24

In the note of November 1, that
In the note of
1, that

25

Dr. Lewin wrote, underneath his signature
Dr. Lewin wrote, underneath his signature

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L. ALDANA-BERNIER
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2
2

is another signature. Do you know whose
is another signature. Do you know whose

3
3

signature that is?
signature
is?

4

A.
A.

That is Dr. Patel.
That is Dr. Patel.

5

Q.
Q.

Did Dr. Patel fill out any form
Dr. Patel fill out any form

6
6

that you are aware of in order to comply
that you are aware of in
to comply

7
7

with 9.39 of the Mental
with 9.39 of the Mental Hygiene Law?
Law?

8

MR. LEE: Objection to form
MR. LEE:
Objection to form.

9
9

MR. RADOMISLI: Objection.
MR. RADOMISLI: Objection.
MR. CALLAN: Same objection
MR. CALLAN:
Same objection.

10
10
11
11

Q.
Q.

No?
No?

12
12

A.
A.

There is no form in here.
There is
form in here.

13
13

Q.
Q.

There is no form in the record,
There is no form in the record,

14
14

correct?
correct?

15
15

A.
A.

None.
None.

16
16

Q.
Q.

Did you read Dr. Patel's note
you read Dr. Patel's note

17
17
18
18
19
19
20
20
21
22
22

at the end there where he signed?
at the end there
he signed?
A.
A.

"I concur with above doctor's
"I concur with above doctor's

treatment recommendations."
treatment recommendations."
Q.
Q.

What is psychotic disorder,
What is psychotic disorder,

what is that?
what is that?
A.
A.

Psychotic disorder is one of
Psychotic disorder is one of

23
23

the categories of diagnosis wherein
the categories of diagnosis wherein

24
24

patient is not in touch with reality.
patient is
in touch
reality.
He can have the following
He can
the following

25
25

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L. ALDANA-BERNIER
L.

1
2

symptoms, like, agitation, aggressive
symptoms, like, agitation,

3

behavior, delusions, hallucinations,
behavior, delusions, hallucinations,

4

impairment in reality testing.
impairment in reality testing.

5
6

Q.
Q.

That's a pretty broad category,
That's a pretty
category,

correct?
correct?

7

A.
A.

Yes.
Yes.

8

Q.
Q.

What does Axis I stand for?
What does Axis I stand for?

9

A.
A.

Those are our DSM categories
Those are our

10

when we are diagnosing patients.
when we are diagnosing patients.
Axis I is for psychotic
Axis I is for

11
12

disorders or mental health disorders
disorders or mental health disorders.

13

Axis II would be our personality
Axis II would be our

14

disorder. Axis III is the medical
disorder.
Axis III is the medical

15

disorder. Axis IV is the social
disorder.
Axis IV is the social

16

stressor. And Axis V is the global
stressor.
And Axis V is the global

17

functioning.
functioning.

18

Q.
Q.

So when you read that note, you
So when you
that note, you

19

learned that there was some social
learned that there was some social

20

stressors; being, a conflict at the
stressors; being, a
at the

21

worksite for Mr. Schoolcraft, correct?
worksite for Mr. Schoolcraft, correct?

22

A.
A.

That's correct.
That's correct.

23

Q.
Q.

Do you know what the nature of
Do you
what the nature of

24
25

a that conflict was?
a that
was?
A.
A.

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Something -- a conflict between
Something -- a conflict between
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