Schoolcraft v. The City Of New York et al

Filing 401

FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of NATHANIEL B. SMITH in Opposition re: 297 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit POX 40, # 2 Exhibit POX 41, # 3 Exhibit POX 42, # 4 Exhibit POX 45, # 5 Exhibit POX 46, # 6 Exhibit POX 47, # 7 Exhibit POX 48, # 8 Exhibit POX 49)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
- - - - - - - - - - - - - - - - - ADRIAN SCHOOLCRAFT,
Plaintiff,
-against- Index No.
10CIV-6005 (RWS)

-

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

25
(Continued)

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and in

their Official Capacity

John Doe being fictitious,
3

names

as

(the name
the

true

are presently unknown) ,

4

Defendants.
5

-x
6

111 Broadway
7

New York,

New York

8

February 11,

2014

10:30 a.m.
9

10

VIDEOTAPED DEPOSITION of DR.
one of

LILIAN

11

ALDANA-BERNIER,

12

the above-entitled action,

13

above

14

Margaret Scully-Ayers,

15

Reporter and Notary Public of the State

16

of New York,

17

Rules

time and place,

the Defendants

in

held at the

taken before
a

Shorthand

pursuant to

the Federal

of Civil Procedure.

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19

*

*

*

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ALDANA-BERNIER

When they bring in a

3

very agitated,

4

depending on

5

I'm sure

6

handcuffs.

7

Q.

patient

combative,

violent,

the nature of

their call,

they were being brought by

And do you recall

8

here any of names

9

of any of

as

you s i t

patients?

10

A.

No.

11

Q.

And do you recall

12

here a

13

those

from only your memory?

14
15

A.

as

you s i t

gentleman named Adrian Schoolcraft

Hold on.

You're saying from my

memory?

16

Q.

Yes.

17

A.

Because I

18

chart.

19

Q.

have been

Independent of

the

20

records,

do

you have any memory of Adrian

21

reading the

Schoolcraft?
MR.

22

23

form of

Objection to

the

the question.

You can answer.

24
25

CALLAN:

A.

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No,

I

don't.

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MR.

CALLAN:

3

MR.

SMITH:

4

There is

Q.

5

Was Mr.

a

Objection to

form.

Objection to form.
timing issue.

Schoolcraft's medical

6

chart as

i t existed at the

time

that you

7

saw him available to you at Jamaica

8

Hospital's emergency room?

9

A.

Yes.

10

Q.

Did you have physically Mr.

11

Schoolcraft's chart in your presence when

12

you evaluated him?

13

MR.

14

yes

to

15

that,
MR.

16

Q.

She already said

Counsel.

SMITH:

I

don't think

she

did.

17

CALLAN:

18

Did you have i t in your

presence when you evaluated him?

19

A.

I

20

Q.

Where were

saw i t before I

saw him.

the charts keep in

21

this psychiatric emergency room at least

22

as

23

24
25

i t was

A.

in November 2009?
I t ' s usually in the nursing

station.

Q.

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Are you familiar with the
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2

policies

3

Hospital with regard to

4

restraints

as

5

A.

Yes.

6

Q.

What is your understanding of

7

and procedures for

Jamaica

the use of

they existed in 2009?

that?

A.

8

A restraint a

usually applied

9

on a

patient who is a

10

or a

danger

11

someone is very agitated,

12

violent.

to

danger

the other patients or
aggressive,

They usually come

13

to himself

14

restraint,

four-point

15

applied for

16

to go monitor

17

minutes

18

or

in soft

impairment of circulation.

two hours,

restraints usually
and then

those restraints

to make

sure there is

staff has
every 15

no

19

Q.

20

restraint.

21

A.

Soft restraint.

22

Q.

What is a

23

A.

They are not leather.

You described a
I

type of

missed what you

said.

soft restraint?

24

were like Velcro,

25

they wouldn't be very constricting to the

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They

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so that

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ALDANA-BERNIER

hand or the wrist of the patient.

3

Q.

4

restraints

5

Are

those

the only type of

2009?

that Jamaica Hospital used in

6

A.

Yes.

7

Q.

And who makes

the decision

8

regarding whether or not restraints

9

to be applied to a

10

A.

are

patient?

When the doctor is not present,

11

any nursing staff that's

12

decision i f the patient should be

13

restrained.

14

there can make a

What they do is call

15

and they will

16

patient is going to be restained,

17

30 minutes

18

check the patient.

Q.

19

tell

the doctor

the doctor

that doctor has

When a

that a
and in

to go and

patient was brought in

20

in handcuffs

21

was

22

to whether or not that person should be

23

put into hospital

there a

at Jamaica Hospital
procedure for

in 2009,

assessment as

restraints or not?

24

A.

Repeat that again.

25

Q.

Sure.

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When a

3

the

hospital,

4

handcuffs

in

5

procedure

for

6

that patient

7

restraints

8

A.

9

patient is

patient was

Jamaica Hospital,
2009,

was

there

should be put in

on

the

or not

the

in handcuffs
room and

case.
taken

emergency

11

agitated or violent and a

12

community of

13

be restained.

14

kind of patients,

the patient

the ER,

soft

16

in handcuffs,

17

the

If
to

the

our

is

danger

to

then he will

a

Q.

Why

20

A.

If

in

then placed into

correct?

Yes.

19

those

violent patient comes

restraints,

A.

to

violent patients.

they were

18

that

have

We usually restrain

When

soft

hospital

that you described?
Depends

Q.

a

in

determining whether

10

15

brought into

21

them as

22

to

a

Q.

24

restraints

25

in 2009

212-267-6868

that?

they are violent,

potential danger,

restrain

23

is

then

see

we have

them.

Are

the

i f we

the

only appropriate

to be used at

Jamaica Hospital

soft restraints

that you have

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been describing?
MR.

RADOMISLI:

MR.

3

CALLAN:

Objection to

form.

4

5
6

Q.

join the

objection.

7

I

Does good and accepted medical

8

practice require when a

patient was

9

brought in in handcuffs

that the hospital

10

replace

those handcuffs with soft

11

restraints

12

in 2009?
MR.

13

A.

Objection to

form.

14

RADOMISLI:

Not all handcuffs

15

restraints.

16

think

17

i f they are going to be destructive,

18

have

19

I'm trying to

are soft
say if we

they were violent and a

danger or
we

to put them in restraints.

Q.

When you

say not all

20

people are put in restraints,

21

people

22

from handcuffs and put into

23

handcuffed
are all

restraints?

that need to be restrained removed
soft

24

A.

If

25

Q.

Bow soon after admission in

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they were violent.

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handcuffs

should the patient be put into

3

soft restraints?

4

A.

5

triage

6

that the patient needs

7

restraints because

8

soon as

9

room,

10

They go
assess

through

triage.

If

the patient and they assess

they were violent,

they come into

we have

to

to be on
as

the emergency

take off

the handcuffs

and put them on four-point

restraints.

11

Q.

Why is

12

A.

Because they are dangerous.

13

That's

14

they are dangerous,

15

on restraints.

16

after

Q.

that?

the assessment.

Am I

we have

correct once

17

brought into

18

handcuffs

19

the hospital,

20

make decisions

21

type of restraints

If we know
to put them

a

Jamaica Hospital

and

they become a
physicians

patient is
in

patient of

are going to

about restraints
to be used,

and the
correct?

22

A.

Yes.

23

Q.

Not the police officers,

24
25

correct?

A.

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No,

they don't have

a

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role,"

4

A.

ALDANA-BERNIER

When you

say

"they don't have a

what do you mean?
They don't have a

role

in

5

deciding i f our patient should be

6

restrained or not.

7

Q.

If a

patient is handcuff and

8

the hospital wants

9

they should be removed,

10

MR.

RADOMISLI:

MR.

CALLAN:

11

the handcuffs

removed,

correct?
Objection to

form.

12

Objection to

13

A.

The handcuffs?

14

Q.

Yes.

15

A.

If we

form.

16

clarify that.

17

ahead.

think

they have

There are many,

to

--

many -- go

Can you clarify it?

18

MR.

SUCKLE:

19

something else.

20

Q.

We will move onto

Did you have any role

21

writing any written rules

22

with regards

23

in

Hospital?

24

25

A.

Do

to

I

restraints

have a

role

or regulations
at Jamaica

--

I

s i t in in one of those sessions,

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may have
yes.

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yes.

Q.

3

In order to comply with Section

4

9.39 of the Mental Hygiene Law,

5

to f i l l

6

form?

out a

A.

7

I

9
10

release of information

have

In

8

you have

to go back.

I'm sorry.

the emergency room,

not get release of information,

we do
only in

the inpatient unit.

Q.

11

Did you ever f i l l

out any form

12

in order to comply with Section

13

the Mental

14

it?

15
16

A.

Hygiene Law,

9.39 of

as you understand

Just those forms,

the

9.39

form.

17

Q.

What are

18

A.

Those are legal forms.

19

Q.

What is

20

legal forms,

21

those forms

for?

the purpose of those

understand it?

22

A.

do you know,

The purpose of those

23

forms

24

think:

25

himself and that he needs

212-267-6868

as you

is

just for
if

the reason

the patient is a

legal

that you
danger

to

to be

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stabilized in a

3

Q.

It's

4

A.

hospital.

No.
MR.

5

for

your own benefit?

CALLAN:

Objection to

form.

You're recharacterizing her answers.

6

MR.

7

SUCKLE:

I'm asking.

8

A.

It's

9

Q.

Whose benefit is

10

A.

For the benefit of

not for my benefit.

11

society as well as

12

i t for?
the whole

society.

Q.

13

Is

the patient and whole

i t important to be accurate

14

in your recordkeeping in a

hospital

15

chart?

16

A.

Repeat the question.

17

Q.

Is

i t important to be accurate

18

in your recordkeeping and note keeping in

19

a

hospital

chart?

20

A.

Yes.

21

Q.

As

22

A.

Yes.

23

Q.

Why?

24

A.

I t ' s for

25

a

MR.

212-267-6868

physician?

the

SUCKLE:

sake of patient.
Do you need to

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take

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2

a

ALDANA-BERNIER

break?

3

THE REPORTER:

4

MR.

5

We

SMITH:

No.

Let's

are going off

take
the

a

break.

record at

11:51.

6

[Discussion held off

7

the

record.]

8

[Whereupon,

9

recess

10

was

a

at 12:13 p.m.,

the

taken.]

[Whereupon,

11

at 11:51 a.m.,

testimony continued.]

12
13

MR.

SMITH:

Back on

14

Q.

Doctor,

16

your f i r s t

note

17

2nd,

record

12:13.

15

the

at 3:10p.m.

2009,

in

you had indicated to us
the chart was November

And do you know whether or not

18
19

the patient had been evaluated from a

20

psychiatric prospective at any

21

to your

time prior

note?

22

A.

You're asking me

23

Q.

I'm asking do you

24

or not

the patient had to be evaluated

25

from a

psychiatric prospective at any

212-267-6868

if

--

know whether

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2

time prior to November 2,

2009,

3

at any

time before you made your note?

4

A.

Yes.

5

Q.

Did you review the chart of Mr.

6

Schoolcraft prior to

7

November 2nd,

2009,

seeing him on
at 3:10p.m.?

8

A.

Yes.

9

Q.

Why did you do

10

A.

To be able

that?

to know the patient

11

and see what's going on and get

12

information about the patient.

13

Q.

And when for

the first

time did

14

anybody do any kind of psychiatric

15

examination or assessment of Mr.

16

Schoolcraft in Jamaica Hospital

17

you're aware of?

18
19
20
21

A.

That is when he was

that

in the

medical ER.

Q.

And did you

see a

note of

that

evaluation?

22

A.

Yes,

23

Q.

What is

24

that note?

25

A.

212-267-6868

i t ' s here

[indicating].

the date and time of

I t ' s 11/1/2009 at 6:30
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in the

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morning.

3

MR.

4

THE REPORTER:

5

At what time?
6:30

in

the

morning.
MR.

6
7

LEE:

SUCKLE:

Just give me a

second.

8

MR.

9

THE WITNESS:

Did you see 11/1?
Yes,

11/1/2009 at

10

6:30

11

Q.

And this

12

A.

Dr.

13

Q.

Spell

14

A.

L-E-W-I-N.

15

Q.

I t says 1 of 3 on top,

16

A.

Yes.

17

Q.

It's a

18

in

SMITH:

the morning.
is a

note by who?

Lewin.
that?

correct?

three-page note,

correct?

19

A.

Yes.

20

Q.

And i t ends and the

21

end with a

22

correct?

three pages

note on 11/1/09 at 6:30a.m.,

23

A.

Yes.

24

Q.

This

25

Form. "

212-267-6868

What is

is called a

"Consultation

that?

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ALDANA-BERNIER

When

3

consult,

4

Q.

is

a

write our notes.

5

this

the doctor calls for

the form that we use

What was

the purpose of having

6

Mr.

7

from your review of

9
10

Okay.

patient was
Q.

if you recall,

the chart?

It said in here

psych consult was

11

12

Schoolcraft evaluated,

A.

8

to

that a

called and reported as

acting bizarre.

Did you read this

your evaluation of

13

A.

Q.

Is

to

the patient?

Yes.

14

note prior

this

one of notes

15

read prior to coming here to

16

preparation for your

testify in

testimony

17

A.

Q.

And were you able

today?

Yes.

18

that you

19

note,

20

the handwriting,

to

read the

when you read

it

21

A.

Yes.

22

Q.

-- back in 2009?

23

A.

Yes.

24

Q.

Have you

25

seen Dr.

Lewin's

handwriting before?

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see

ALDANA-BERNIER

2

do you

that?

3

A.

Yes.

4

Q.

Doctor,

when you wrote your

5

note of November 2nd,

6

that a

7

right wrist with

8

officer made

9

loosen a

nurse

noted

2009,

did you know

"with redness

the handcuff,

on

the

police

aware and requested

to

l i t t l e bit yet refused."

10

Did you know about

that note

11

when you made your note of November 2nd,

12

2009?

A.

13
14

This

is

a

medical

ER note

[indicating].

15

Q.

So you did not know?

16

A.

I

17

Q.

Just

didn't have
so

that note.

I'm clear:

18

know that a

19

officer

20

police officer refused,

21

that?

to

nurse had asked a

You did not

loosen

police

the handcuff,

that the

you did not know

22

A.

No,

23

Q.

Looking at that same note,

24

nurse's

25

5:54

did not know

assessment,

a.m.,

212-267-6868

I

do you

November

see

that.

1st,

the

2009,

that note?

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2

A.

Yes.

3

Q.

Were you aware when you first

4

saw Mr.

5

to

6

feel

7

when you wrote your note

8

2009?

9

10
11

the

Schoolcraft that he had reported
nurse,

"My wrist is

anything now,"

A.

No,

numb,

did you

because

I

I

know

don't

that

on November 2nd,

don't have

this

record.

Q.

Did you

see

that

this

note,

12

that same note starts,

13

progress"?

14

A.

Yes.

15

Q.

Do you know whose psych consult

16

that was,

was

that Dr.
this

"Psych consult in

Tariq?

17

A.

No,

18

Q.

And do you know i f Dr.
or made a

was Dr.

19

wrote

note

20

regarding Mr.

21

numb and he doesn't feel

Lewin.

that you

Lewin

saw

Schoolcraft's wrist being
anything?

22

A.

She didn't write anything.

23

Q.

And Doctor,

does good and

24

accepted medical practice require

25

loosening of a

212-267-6868

handcuff when

it's

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causing

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2

redness

to

ALDANA-BERNIER
the wrist?

3

MR.

RADOMISLI:

4

MR.

LEE:

5

MR.

RADOMISLI:

6

Karbala

Objection.
Also under

[phonetic].

MR.

7

Objection.

SUCKLE:

8

Q.

is prior,

not

subsequent.

9

This

10

Does good and accepted medical

practice require

11

MR.

the loosening

CALLAN:

12

Q.

is

a

nursing

question as well.

13

This

Does good and accepted medical

14

practice require

15

causing redness

loosening of a
to

handcuff

the wrist?

16

MR.

LEE:

17

MR.

CALLAN:

18

You can answer if you can,

19

Doctor.

I

Objection.

mean is

Objection.

there a

course in

20

21

MR.

RADOMISLI:

Objection.

22

MR.

CALLAN:

there a

23

in medical

24
25

MR.
Witness.

Is

course

school about handcuffs?
SMITH:

You cannot coach the

Cut i t out.
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to

SUCKLE:

attach

MR.

this

CALLAN:

Bring that

MR.

SUCKLE:

to

Judge

So you are

Sweet.

6
7

confident you can

8

make

9

your position,

talk over us

speaking objections?

MR.

10

11

We will

our motion papers.

4

5

ALDANA-BERNIER

12

MR.

that

Counsel?

CALLAN:

that you have

Is

and

No.

My position is

--

SUCKLE:

Is

that

the

13

disrespect that you have for

14

Court?
MR.

15

CALLAN:

Ask

the

relevant

16

questions.

You have been doing

this

17

long enough

to

teach

18

you

they do

about handcuffs
MR.

19

know

SMITH:

20

Witness.

It's

21

completely wrong.

in medical

school.

You cannot coach

totally improper.

the
It's

You know i t .

Should we call

22

not

the Court and ask

23

them to

24

are

not entitled to do.

You are

25

law department kid that

just got

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know you

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2

MR.

SHAFFER:

3

MR.

SMITH:

4

MR.

CALLAN:

5

smear on

the

6

Q.

Come on.
I

think

that's a

of New York.

7

Objection.

law department of State

Does good and accepted medical

8

practice require

that a

9

loosened i f

causing redness

10

it's

handcuff be
to

the

wrist?

11

MR.

RADOMISLI:

12

MR.

LEE:

13

MR.

SUCKLE:

You can answer.

14

MR.

CALLAN:

You can,

15

A.

Objection.

Doctor,

go

ahead.

16

Objection.

17

If

you have

to

20

Q.
release

RADOMISLI:

When you
the

yes,

release the. restraints.

MR.

18
19

the patient complains,

Move

to

strike.

say that you have

restraints,

to

what do you mean?

21

A.

Loosen i t .

22

Q.

Going back to your previous

23

conversation about soft restraints,

24

long had Mr.

25

hospital,

212-267-6868

Schoolcraft been

i f you know,

prior

in
to

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the
this

note

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2
3

4
5

of 2

a.m.

ALDANA-BERNIER
2009?

Be was admitted,

A.

on November 1st,

arrived at the

hospital 10/31/2009 at 23:03.

Q.

So at this point,

i t had been

6

more than

7

hospital by the time of that note of 2

8

a.m.,

9

correct?

A.

10

two hours he had been in the

That's

-- let me see,

hours.

11

MR.

12

THE REPORTER:

13

Q.

RADOMISLI:

Doctor,

seven

Sorry.
Seven hours.

continuing on the

14

further

nursing notes,

15

am referring to.

16

the hospital record?

17
18

MR.

here's

the page I

Can you find

LEE:

that in

What notes

are we

talking about?

19

MR.

SUCKLE:

November 1

20

November 3rd nursing notes.

21

Q.

Do you have

22

A.

Yes.

23

Q.

We are looking at a

through

24

hospital chart.

25

11/1/2009.

212-267-6868

it?

page in the

At the top i t ' s dated

And the first entry is
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ALDANA-BERNIER

2

There is

3

and the nurse hasn't seen the patient,

4

and i t ' s an emergency,

5

the patient.

6

Q.

times

that the patient comes,

we have

My question is:

to go see

Did you review

7

the records

of psychiatric emergency room

8

that exist for

9

you would examine the patient?

a

patient at the

10

A.

I

11

Q.

So do you recall

12
13

14
15

16

do review the records,

reviewed this

A.

I

time

then

that

yes.

that you

nursing assessment?

do not recall

that,

but I

usually review the records.

Q.

So your habit and custom would

have been to

review this

17

A.

Yes.

18

Q.

Doctor,

form?

on this

form on the

19

first page i t says,

"circumstances

20

leading to admission."

21

on the first page of that form,

22

circumstances

Do you

see that

leading to admission?

23

A.

Yes.

24

Q.

Actually,

25

before,

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l e t ' s go up

the line

"patient's chief complaint,"
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MR.

2

answer,

3

CALLAN:

Did you

or do you have more

THE WITNESS:

4

say

finish your

5

to

that

6

but i t was

7

I

Yes.

I

to

say?

was

trying

agreed that he was

calm,

not only

the decision

that

you have

to make or

the decision

that

8

I

I

9

that brought him to

Q.

10
11

made.

was

looking at all

So you were

happened in his

the hospital.

told about what

apartment?

12

A.

Everything,

13

Q.

And you were

yes.
considering what

14

you were

15

arrived in

16

A.

That's

17

Q.

And do you know who

18

James

factors

told by the police when
the hospital,

they

correct?

correct.
Sergeant

is?

19

A.

No,

20

Q.

Did you ever

21

James?

22

A.

No,

23

Q.

Did you ever

24

to

25

information

I

I

don't.

don't

speak

--

I

to Sergeant

did not.

see any reference

Sergeant James providing any

212-267-6868

that was

recorded in

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2

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hospital

ALDANA-BERNIER

record?

3

A.

It's

4

Q.

In

in

the

record.

that context you

5

Sergeant James

because his

6

in

know of

correct?

the

record,

7

A.

That's

8

Q.

And you

9

about

the

the

name

correct.
know

some of

history about what

10

in

11

A.

That's

13

Q.

When

the

things

took place

James?

12

appears

apartment came from Sergeant

14

of you,

he was

15

what

this
not

in

the

record.

patient was
in need of

in front

correct?

16

A.

That's

17

Q.

And when he was

he was

correct.

18

you,

19

behaviors

20

he was

21

A.

That's

22

Q.

And he was

in front

not exhibiting any

that would lead you

of

of
the

to believe

homicidal?
correct.

23

not exhibiting any of

24

would lead you

25

suicidal,

212-267-6868

restraints,

leading you

to

the behaviors

that

to believe he was

correct?
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2

Q.

ALDANA-BERNIER

Am I
MR.

3

correct?
RADOMISLI:

4

form.

5

A.

That's correct.

6

Q.

So

Objection to

7

the residents had evaluated

him and made notes,

correct?

8

A.

Yes.

9

Q.

And you were

10

the emergency room,

the director of

correct?

11

A.

Correct.

12

Q.

And you had this patient in

13

front

of you,

correct?

14

A.

Yes.

15

Q.

And you had the wherewithal,

16

you had the chart in front of you,

17

correct,

when you saw the patient?

18

A.

That's correct.

19

Q.

And you had the ability and did

20

in fact make notes

in

the chart,

21

A.

That's correct.

22

Q.

Just so we are clear:

correct?

23

not make any independent notes

24

your own findings

25

examination,

212-267-6868

You did
regarding

during your

correct?
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2

A.

3

the notes

That's
of

Q.

4

ALDANA-BERNIER
correct.

I

agreed with

the resident.

Doctor,

do you believe not

5

making any notes

6

examination and findings

7

Mr.

8

and accepted medical practice?

9

regarding your

Schoolcraft was

A.

I

have

with

regard to

in the bounds

the residents

10

that patient and I

11

notes

12

regards

to

13

since

agreed with

14

of good

that saw

considered that as my notes.

15

16

so

I

Q.

agreed with

that is my --

the agreement with

the notes of the

I

their

residents

the above,

I

understand when you

say you

considered i t .
The question is:

17

Does good and

18

accepted medical practice require you

19

make your own notes

20

examination and assessment of

21

patient?

MR.

22
23

form of

25

A.

212-267-6868

If

regarding your

CALLAN:

the

Objection

to

the

the question.

You

24

to

can answer.
I'm agreeing with

notes

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2

be cautious

3

himself or to others.

4

reason

6

was

a

that he could be a

Is

Q.

5

ALDANA-BERNIER

that the entirety of the

that you came to
danger
MR.

CALLAN:

8

MR.

LEE:

A.

the opinion he

to himself and others?

7

9

danger to

The fact

Objection to form.

Objection to form.
that he had to be

10

brought in from his house where he

11

barricaded himself and he had to be taken

12

away and he was bizarre and agitated at

13

the

14

home,

15

that you have

16

because then

17

why

18

prevent a

time when he was brought in from his

I

19

I

think

those are all
to
I

take in consideration

am trying

to

--

the reason

kept him is because I'm trying to
disaster.
MR.

SMITH:

I'm sorry what was

the last part?

20

21

[The requested portion of the

22

record was

23

Q.

Prevent a

24

A.

Obviously,

25

the factors

the

read.]
disaster to whom?
i f you hear all of

stories about the Navy yard disaster,

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ALDANA-BERNIER

2

the Range Rover disaster with cops.

3

you

4

individual.

5

that will

try to fast

7

happened.

you always

8

factors

9

to others

forward with an

I'm trying to prevent things

As

6

If

an emergency room doctor,

have

to

think of all

that will make a

of

person a

the
danger

like presence of weapons,

10

he have accessibility to weapons

11

does

was paranoid.

12

At

13

maybe he was
So

the

time

really a
a

I

was

and he

thinking that

danger

to

himself.

paranoid person,

14

Q.

15

accessible

16

to himself and others?

A.

17

to weapons,

Plus

the

made him a

danger

other information that

18

we got when

19

have

20

was barricaded in his

21

agitated at

22

emergency room.

to

they went to his

take him out from his

the

house;

to

They

house;

he

and he was

time when he was

You have

23

house:

take all

of

in

the

those

24

into consideration and find out why was

25

he behaving this way.

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You cannot see

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2

anybody that he was going to need that

3

type of restraint and then injection,

4

correct?

A.

5

6
7

8

so

I

Be was

didn't have

Q.

not agitated at the

time

to inject him.

You indicated that you wanted a

second opinion earlier,

correct?

9

A.

Yes.

10

Q.

Did you write a

11
12

second opinion or a
A.

No,

I

request for

a

consult?

just have

to call my

13

associate chairman and present to him the

14

case,

15

with me.

16
17

and I

Q.

spoke with him and he agreed

Who is

the doctor

that you

called?

18

A.

Associate chairman.

19

Q.

Who is

20

that you

the associate chairman

spoke with?

21

A.

Dr.

Dhar,

22

Q.

Dr.

Dhar is

a

23

A.

Yes.

24

Q.

Dr.

Dhar is

his

25

chairman.

212-267-6868

What is

D-B-A-R.
psychiatrist?

associate

that?

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2

A.

Next to

3

Q.

Who

is

4

A.

Dr.

Vivek.

5

Q.

Can you

6

A.

V-I-V-E-K.

7

Q.

When you

8

did you

9

don't

11

spell

that?

say you

spoke

to him,

to him on the phone or you

Call him downstairs

presented the

Q.

12

the chairman?

recall?

A.

10

speak

the chairman.

case

When you

13

case

to him,"

14

history that you

to him.
say

did you

15

A.
Q.

Do you

"you presented the
tell

him about

the

took?

Yes.

16

and I

remember actually having

17

this

conversation,

18

standard practice that you described?

19

A.

20

when a

21

I

When

it's a

decision has

would say i t ' s

22

Q.

23

having

24

A.

I

25

Q.

You

212-267-6868

or is

that your

decision,

to be made

like,
wherein

standard practice.

You don't recall

actually

the conversation?
recall

that I

recall

in

spoke

this

to him.

case

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speaking to him?

3

A.

Speaking to him.

4

Q.

What time of day did you speak

5

to him?

6

A.

That was

7

Q.

And is

the afternoon.

the associate chairman

8

the person that you generally call

9

a

10

second opinion for

to get

admission under the

Mental Hygiene Law?

11

A.

Yes.

12

Q.

Why do you

recall

this

13

particular incident with regard to Mr.

14

Schoolcraft when you got the second

15

opinion:

16

i t to your mind?

17

A.

Is

I

there anything that brings

recall

that because every

18

police officer that comes

19

hospital,

20

Q.

I

to our

try to get second opinion.

When you say

"every police

21

officer,"

how often have you had police

22

officers brought to your hospital

23

emergency psych ward?

24

A.

I

25

Q.

to

the

Hundreds?

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could not recall how many.

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2

risk,"

can you quantify that for me at

3

all what you mean by potential?
A.

4

The patient comes
acting bizarre.

in barricaded

5

himself,

6

in from his house.

7

officer who may have access

to weapons,

8

easy for him to have access

to weapons.

9

Be is paranoid.

I

Be was brought

It was

a

police

would think

that maybe

10

i t would be safe if the patient will be

11

admitted.

Q.

12
13

So your thought he might be

safe if he was

admitted?

14

A.

If he was admitted.

15

Q.

That's what you were

16

about when you say potential

17

talking

correct?
A.

20

All of the above that I

Q.

18

19

risk,

told

Can you quantify what you mean

you.

21

by potential

22

likelihood of risk?

23

"potential"

24

you quantify that for me?

25

A.

212-267-6868

risk as far

as

the

This word

that you have been using,

When you say "quantify,"
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what

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2

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do you mean?

3

Sure.

Q.

Well,

4

I

you used the word
would like to know what

5

"potential."

6

you mean by potential.
If you think of the navy yard

A.

7

8

disaster,

9

He was

was he an officer or army man?

so quite,

no one ever found out

10

what was going on with him.

11

happened then?

12

So what

Or if you look at all of those
Who are all of these

13

--

the Range Rover.

14

people that caused that?

15

police officers.

16

So if I

They are all

think then I

17

make sure that when

18

the ER,

19

that there will be no disaster,

20

will be no destruction,

21

get harmed when they were discharged from

22

the ER.

23

24
25

Q.

I

I

see a

have to

patient in

have to think in the future

I

there

or no one will

was asking about what you

meant by potential.
A.

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That's

the potential.

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1

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2

ALDANA-BERNIER

So if

there is any potential at

3

all,

you want to make sure that the

4

patient is

5

A.

Correct.

6

Q.

And if there is any potential

safe,

7

at all,

8

community is

correct?

you want to make sure
safe,

the

correct?

9

A.

That's correct.

10

Q.

And if there is any potential

11

at all,

12

Schoolcraft,

A.

14

16

correct?

MR.

13

15

you were going to admit Mr.

I

Objection to form.

With all of those reasons,

would have

Q.

LEE:

yes,

to admit him.

When you admitted him to

17

emergency room,

18

the

and regulations
MR.

19
20

Q.

there were certain rules

SUCKLE:

When he was admitted to

21

psych floor,

22

regulations

23

about clothes

24

visitors can come,

25

A.

212-267-6868

Withdrawn.
the

there were certain rules and
in the psych ward,
they wear,

correct,

what hours

correct?

Yes.
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2

and some aren't HMOs.
And does

3

4

the federal

require prior approval

5

A.

6

to ask

7

Q.

8

ALDANA-BERNIER

If
for

they are

on

their Medicare?

not HMOs,

you don't

authorization.
How about Medicaid,

approval

government

is prior

required before admission?

9

A.

No.

10

Q.

Just as

11

a

housekeeping thing:

Are you paid for your overtime hours?

12

A.

No.

13

Q.

You have actually in

14

you,

you

15

affairs

16

Department did come

17

on

the

know at
from

MR.
does

19

to

CALLAN:

of you,
Is

question,

that?

SUCKLE:

Yes.

Based on

23

A.

Yes,

24

Q.

What is

25

A.

That's 11/2/2009,

22

correct?

that a

Q.

21

internal

the hospital based

in front

she know
MR.

20

some point IAB,

of

the New York City Police

records

18

front

the

record in front

of

you?

212-267-6868

I

know

there

is

the date of

a

note.

that note?

five

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in the afternoon.
So

that note was

in

3

Q.

4

before you

5

the chart

mental hygiene admission form,

signed your November 3rd,
correct?

6

A.

That's correct.

7

Q.

So you know that internal

8

affairs had come to

9

you decided to admit Mr.

10

MR.

Schoolcraft to

the hospital?

11

the hospital before

CALLAN:

Objection.

She

12

testified earlier she made

the

13

decision

14

on

the 3rd.

She filled

15

on

the

You're mischaracterizing

16

testimony.

17

Q.

to admit him on the 2nd not

3rd.

Before you filled

out the form

out the form

18

to admit Mr.

Schoolcraft under

19

Hygiene Law,

you knew that IAB had come

20

to

the hospital,
MR.

21

the Mental

correct?

SHAFFER:

Objection.

22

A.

The notes are here from 11/2.

23

Q.

So

the answer is yes,

you knew

24

that IAB had come to the hospital before

25

you signed the admission forms

212-267-6868

on 11/3,

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correct?

A.

3

I

must have

read the notes.

4

MR.

5

THE WITNESS:

6

Q.

What was
I

the answer?

must have read

the note.

7

SMITH:

Did you speak to

the officer

8

from

IAB and ask them whether or not Mr.

9

Schoolcraft had told them the

10

the problem with his

11

story about

Schoolcraft told to you?

12

MR.

13

A.

14

not there.

15

SHAFFER:

there anymore

16

Q.

17

from

18

was

supervisor that Mr.

Objection.

I t was at five
I t was

at 9:30.

was

I'm not

[indicating].

In fact one of the officers

taped to

the chart,

MR.

CALLAN:

correct?
She said she wasn't

20

there when they were

21

Q.
you,

I

IAB stapled -- gave his card and i t

19

22

o'clock.

there.

The chart you have in front of

correct?

23

A.

Yes.

24

Q.

Yes.

25

And when you went to

your admission under

212-267-6868

sign

the Mental Hygiene

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Law on November

3

chart,

MR.

MR.

MR.
things

10
11

in the

SUCKLE:

CALLAN:

Let her answer.
she'll

If

tell me.

You're making these

up in your question.
MR.

nothing.

12

How do we know when

stapled in?

she doesn't know,

8
9

CALLAN:

the card was

6
7

that card was

correct?

4
5

3rd,

SUCKLE:

I'm making up

I'm --

MR.

CALLAN:

You are.

13

the

14

the card.

15

MR.

SUCKLE:

I

16

MR.

CALLAN:

Who

MR.

SUCKLE:

Nobody,

You said

17

lAB officer stapled the card into

20
21
22
23

stabled that

in?

18
19

didn't say that.

Q.
question,
A.
remember
Q.

it's

Can we have an answer

to

taped.
the

please?
I

don't remember.

seeing this
If

I

do

not

card.

that card was

in

the chart,

24

would you have called that officer from

25

internal

affairs

to verify Mr.

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Schoolcraft's

story?

3

MR.

CALLAN:

4

MR.

SHAFFER:

5

MR.

SMITH:

6

THE REPORTER:

Objection.
Objection.
What was
I

the answer?

didn't get an

7

answer yet.

8

Q.

What's your answer.

9

A.

I

10

know i f

I

you

13

on

14

internal

card or not.
seen the card before

signed the mental hygiene admission
the

3rd,

would you have called

affairs?

15

A.

16

before

17

called internal

19

don't

Had you

12

18

I

saw the

Q.

11

wouldn't know because

I
so

Q.

did not see

these

I

don't know i f

see

would have

affairs.

So now you are

you did not

I

cards

the

saying you

cards?

20

A.

21

cards.

22

Q.

23

would have

24

A.

I

25

Q.

You know you did not

212-267-6868

I
I

do

not

know if

don't remember

I

saw these

seeing them.

And you don't remember
called internal
didn't

know

see

if you

affairs?

the card.
see

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cards?

3

A.

ALDANA-BERNIER

4

I

remember.

Q.

5

do not know.
I t was

So

I

do

not

that 2009.

the answer is,

am I

correct,

6

you don't know i f you saw the cards and

7

you don't know what you would have done

8

if you did see the cards,

9

is

am I

correct,

that the answer?

10

MR.

CALLAN:

Objection.

11

Q.

You can answer.

12

A.

I

13

I

would have

called them.

14
15

do not know if

Q.
2nd,

2009,

Looking at the note of November
at 9:30,

16

A.
Q.

see

that note?

P.m.?

17

do you

Yes.

18

Do you see that note?

19

A.

Yes.

20

Q.

And that is before your

21

November 3rd,

22

the form,

23

1:20 note where you signed

correct?

the mental hygiene admission,

24

A.

Yes.

25

Q.

And did you read the chart

212-267-6868

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where i t says,

"Patient has been seen and

3

interviewed by Detective Steven P.

4

[phonetic]

5

Internal Affairs

Wacter

and Sergeant Scott from
Bureau"?

6

A.

Yes.

7

Q.

Would you want to know what

8

internal affairs

had to

see about Mr.

9

Schoolcraft in coming to your opinion

10

regarding whether or not he needed to be

11

admitted to

the hospital?

MR.

12

A.

13

I

SHAFFER:

was

Objection.

wondering why the

14

attending put this

15

any note about what interaction happened

16

with internal affairs.

17
18

Q.

When you

note and did not write

say you were wondering

about i t

19

A.

There's

20

Q.

When were you wondering about

22

A.

Now.

23

Q.

Why were you wondering about

A.

Should have written a

21

24
25

nothing.

it?

it?

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2

ALDANA-BERNIER

When you say "should have

3

written a

4

written about?

5
6

A.

note,"

His

what should he have

interaction with internal

affairs.

Q.

7

Would that have been helpful

8

you

9

to

in your care and treatment with Mr.

Schoolcraft?

A.

In deciding to admit him or

12

Q.

Yes.

13

A.

I

10
11

not?

already made my decision

14

before that.

15

of admission.

16

17
18

19
20
21

22

Q.

On 11/1 I

made

Was your decision

the decision

irreversible
'

once you made it?

A.

I

think

that he would benefit

from inpatient admission.

Q.
benefit,"

A.

When you say "he would
what do you mean?
I

thought at the

23

that he would be a

24

in 2009

others.

25

Q.

212-267-6868

danger

time

to himself or

The question was:

Would the

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2

notes

that you

think would have been

3

helpful

4

whether or not Mr.

5

be admitted?

in coming

to your decision as

to

Schoolcraft needed to

MR.

RADOMISLI:

8

MR.

CALLAN:

How would she know?

9

MR.

SUCKLE:

She was

6
7

Objection to

form.

10

that

11

the

one

said something should have been

there.

12

MR.

CALLAN:

13

talking about cards

14

You are

the one

chart.

15

MR.

16

the

17

games

SUCKLE:

record is.

stapled into a

The record is what

You are

just playing

now.

18

MR.

CALLAN:

It's

19

MR.

SUCKLE:

I t ' s nonsense?

20

MR.

CALLAN:

Right.

21

MR.

SUCKLE:

A doctor has

22

in front

23

later,

of her and she

you

think i t ' s

nonsense.

signs

a

a

note

day

nonsense.

24

MR.

CALLAN:

I t is.

25

MR.

SUCKLE:

Let's go.

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MR.

2
3

in

4

hours

CALLAN:

the chart,

i t ' s only taken us

to question her
MR.

5

She's qot one note

6

have

7

Q.

so . . . .

Maybe we

9

taken six hours

should

patient.

8

SUCKLE:

six

to evaluate the

The notes you said should have

been there,

10

to you

11

would that have been helpful

in your decision

to admit Mr.

Schoolcraft?

12

MR.

SHAFFER:

13

MR.

CALLAN:

Objection to form.

14

MR.

SUCKLE:

I t hasn't been

15

answered.

16

MR.

RADOMISLI:

17

MR.

CALLAN:

18

Asked and answered,

There is nothing in the note
except that
MR.

21
22

I t has actually.

Counsel.

19
20

Objection to form.

IAB was

SUCKLE:

there.
The note she said

should have been there.

23

MR.

24

make up a

25

hypothetical?

212-267-6868

CALLAN:

She is

supposed to

note now and answer a

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MR.

2

SUCKLE:

3

should be there.

4

note

5

A.
Q.

I

note

Not my note.

6

She said a

that should have been

there,

9

decision

that should have been

would they have mattered in your
to admit Mr.

Schoolcraft?

10

MR.

SHAFFER:

11

MR.

RADOMISLI:

12

form,

Objection

to form.

Objection to

asked and answered.
MR.

13
14

there.

understand.

The note

7

8

I'm asking about the

answer.

I

didn't get an

I've asked i t .

MR.

15

SUCKLE:

SHAFFER:

16

answer

17

doesn't exist.

18

It's

answer.

19

the question.

impossible to

Let's
this

It's

The information
impossible

to

stop playing games and

20

move

along.

You cannot answer a

21

question about something that does

22

exist.

23

Q.

Please answer

24

MR.

CALLAN:

25

question,

not

the question?

Doctor?

212-267-6868

Can you answer

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3

ALDANA-BERNIER

I

already made my decision.

I

cannot answer the question.

4

Q.

Once your made your decision?

5

A.

The patient needed admission.

6

I

7

the patient needed inpatient

8

stabilization.

9

felt

that at that point on 11/1

Q.

So

that

just so we are clear here:

10

No information from IAB would have

11

changed your mind,

12

affairs?

correct,

13

MR.

KRETZ:

14

MR.

CALLAN:

15
16

A.

Then I

chairman make

17

Q.

18

would want

19

from internal

Objection.
Same objection.

would have

to make

the

the decision.

decision?

IAB had information,

the chairman to make

MR.

20

21

So if

CALLAN:

you

the

Objection.

This

is

ridiculous.

22

MR.

SMITH:

Would you stop.

23

Would you please stop.

24

tired of you interrupting this

25

examination.

212-267-6868

I'm sick and

You've been doing this

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all day.
MR.

CALLAN:

MR.

3
4

ALDANA-BERNIER

SMITH:

Are you involved in

this?

5

Yes,

heavily and

6

you're going to become more involved

7

in this with this kind of

8

irresponsible behavior.
MR.

9

CALLAN:

There is one

10

attorney designated to represent the

11

Plaintiff.

12

are

13

camera.

15

You

just running the home movie

MR.

14

I t ' s not you today.

SMITH:

Would you please

stop interfering?
MR.

16

SUCKLE:

Excuse me.

No

17

matter how much you pontificate,

18

are not going home until we are done.

we

I'm going to keep asking until

19
20

get an answer.

21

I

asking.

22
23

MR.

CALLAN:

Try to ask a

relevant question.
MR.

24

25

I'm going to keep

SUCKLE:

to all day,

212-267-6868

I

haven't been able

that's why we're here.

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I'm trying.

2

3

MR.

CALLAN:

Work harder at i t .

4

MR.

SUCKLE:

Maybe you'll

5

me one day.

6

A.

teach

7

affairs

What do

MR.
wait for

Q.

10

think internal

would tell me?

8
9

the

CALLAN:

Doctor,

you have

to

the question.

There was nothing internal

11

affairs

could have

12

your mind,

13

and whatever internal affairs had to say,

14

you were not going to change your mind,

15

correct?

A.

Is

17

Q.

That's a

A.

Q.

25

So

I

have

Can

to determine how
is.

Bow do you determine whether or

not internal affairs

is

A.

Because I

Q.

23

24

reliable?

good questions.

reliable internal affairs

21

22

internal affairs

you answer my question?

19
20

to change

you already made your decision

16

18

told you

In assessing

reliable?

have

to assess

them

too.

212-267-6868

them,

how would

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3

A.

4

ALDANA-BERNIER

that?
Collaborate what I

and what they

Q.

5

have

seen

tell me.

So you would need to hear what

6

internal affairs has

to say and evaluate

7

whether or not you can believe

8

not,

them or

correct?

9

A.

Yes.

10

Q.

Did you evaluate the police

11

officer who reported that Mr.

12

had barricaded himself in his house,

13

you evaluate

14

did

that person?

MR.

SHAFFER:

Objection.

A.

Be wasn't there.

Q.

15

16

Schoolcraft

I

didn't see

So but you accepted his

him.

17

18

information as

part of the basis

of your

19

diagnosis,

20

A.

And the documentation.

21

Q.

Documentation somebody else

22

wrote in a

23

A.

correct?

chart,
That I

24

I

25

correct?
saw Mr.

Schoolcraft and

agreed to whatever the documentation of

the resident was.

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2

ALDANA-BERNIER

When you

saw Mr.

Schoolcraft,

3

you

agreed he had barricaded himself in

4

his

house?

5

A.

That is

6

Q.

Written in

7

A.

Information given

8

Q.

By some police officer or

9

10

sergeant from

information given.
the

chart?
in

the chart.

the police department,

correct?

A.

11
12

the

Hold on.

documentation

Also

from

have

the

the EMS.

13

Q.

Did you

14

A.

Documentation is

15

Q.

Documentation meaning a

16

A.

Yes.

17

Q.

So EMS writes

18

accept what

19

in

20

21
22

the

pick up

Q.

to EMS?

a

here.

note

note?

and you

they say because i t ' s written

chart,

A.

speak

correct?

They were

there.

They went to

the patient.
But you are

23

would trust internal

24

not sure

correct?

25

A.

212-267-6868

That's

a

affairs;

i f you
am I

big question.

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