Schoolcraft v. The City Of New York et al

Filing 402

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 50, # 2 Exhibit POX 51, # 3 Exhibit POX 52, # 4 Exhibit POX 53, # 5 Exhibit POX 54, # 6 Exhibit POX 55, # 7 Exhibit POX 56, # 8 Exhibit POX 58, # 9 Exhibit POX 59)(Smith, Nathaniel) Modified on 2/17/2015 (db).

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Page 1 1 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 3 -------------------------------------------X 4 ADRIAN SCHOOLCRAFT, 5 Plaintiff, 6 Case No: - 7 10 against - cv 06005 8 THE CITY OF NEW YORK, ET AL., 9 10 11 Defendants. ------------------ยท-------------------------X 12 220 East 42nd Street New York, New York 13 July 7, 14 2014 10:06 a.m. 15 16 17 DEPOSITION OF VINOD DHAR, 18 Notice, 19 time, 20 within and for M.D., pursuant to taken at the above place, before DENISE ZIVKU, a date and Notary Public the State of New York. 21 22 23 24 25 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 8 VINOD DHAR, 1 M.D. 2 information if at the time of trial or 3 some other hearing, 4 serve process on the doctor. Given that, 5 I would need to would you agree to 6 accept service of any papers that I 7 need to serve on the doctor for him to 8 appear as 9 future proceedings. the 30 (b) (6) MR. 10 RADOMISLI: witness in any If he's s t i l l an 11 employee of Jamaica Hospital at the 12 time, 13 otherwise we would not. 14 want to ask him his address, 15 be better off. 16 Q. 17 18 19 we would accept service, All right, If you My home address Juniper Lane, Syosset, just you might would you mind providing us with your address, A. but is Doctor? 60, 6-0 New York. 20 Q. Where are you currently working? 21 A. I 22 work at Jamaica Medical Hospital. 23 Q. What's your title? 24 A. I 25 am currently the associate chairman of the department of psychiatry. 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 9 VINOD DHAR, 1 Q. 2 3 M.D. How long have you had that position? A. 4 I have had that position for 5 five 6 Jamaica Hospital i t would be seven years. 7 8 9 -- almost nine years. Q. Actually at Have you had any other positions while working at Jamaica Hospital? A. Yes. I started as an attending. 10 Then the unit chief, 11 Hospital. 12 to associate chairman. 13 14 Q. and I That's where I went to Flushing got my promotion What's the relationship between Flushing Hospital and Jamaica Hospital? MR. 15 RADOMISLI: Objection to 16 form. You can answer. 17 A. In 1999 Jamaica Hospital took 18 over Flushing Hospital and came under the 19 umbrella Medisys Network. 20 the consortium in the same department. 21 22 Q. So i t was part of When did you start working at Jamaica as an attending? 23 A. That was 1996. 24 Q. And? 25 A. To 1999 and then from 1999 to 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 10 VINOD DHAR, 1 2 2007, A. were I Q. Is was inpatient psychiatric unit. 7 8 When you were attending, you an attending in the psychiatric ward? 5 6 was at Flushing. Q. 3 4 I M.D. in a that the same thing as being ward? 9 A. Yeah. 10 Q. You also mentioned that you were 11 unit chief, 12 A. what was Well, that? unit chief is 13 for 14 aspects of the inpatient unit, the both administrative and clinical Q. 15 16 responsible one unit. What was your t i t l e at Flushing Hospital? 17 A. I t started with the unit chief 18 and as we progressed in Flushing, 19 became the assistant director of inpatient 20 services and then 21 the entire department. Q. 22 the associate chairman of Prior to 23 Hospital in 1999, 24 then I joining Jamaica work? 25 A. 212-267-6868 Yes. did you have any other I was in Dayton, VERITEXT REPORTING COMPANY www Dayton 516-608-2400 Page 11 1 VINOD DHAR, M.D. 2 Mental Health Center from 1990 to 1995, '96. 3 Q. What did you do in Dayton? 4 A. I 5 Q. Where is Dayton? 6 A. Dayton, 7 Q. What did you do from 1996 -- so 8 was an attending there. Ohio. '96 you went to Jamaica? 9 A. Jamaica. 10 Q. Before Dayton what did you do? 11 A. I 12 13 14 did my training at New York Medical College, Valhalla. Q. What do you mean by saying you did your training there? 15 A. 16 psychiatry, I did residency training in general psychiatry. 17 Q. How long was 18 A. That was three years. 19 did two years of a 20 that? Then I fellowship in child psychiatry. 21 Q. Where? 22 A. Same place, 23 24 25 New York -- Westchester Medical Center. Q. Prior to being at New York Medical College as a 212-267-6868 resident, what did you VERITEXT REPORTING COMPANY www 516-608-2400 Page 12 1 2 VINOD DHAR, do? 3 A. 4 after I 5 Q. 6 M.D. I was in India. I came here did medical schooling in India. So you went to medical school in India? 7 A. Yes. 8 Q. Which one? 9 A. I t ' s called Medical College, 10 Government Medical in Kashmir. 11 Kashmir. 12 13 Q. State of What were the years of your training at New York Medical College? 14 A. That would be from 1981 to 15 Q. And from A. I 16 17 '86 to 90, '86. what did you do? worked as an attending at 18 State Hospital, 19 Center. 20 Q. Where is that? 21 A. I t ' s Wingdale, 22 23 Harlem Valley Psychiatric Upstate, New York. Q. Have you had any other forms 24 employment, 25 of Dayton and Jamaica Hospital? 212-267-6868 other than at State Hospital, VERITEXT REPORTING COMPANY www 516-608-2400 Page 13 VINOD DBAR, 1 2 A. 4 No. MR. 3 Q. M.D. RADOMISLI: And Flushing. Right and Flushing. I meant to 5 include Flushing in that since they merged 6 with Jamaica, right? 7 A. Yes. 8 Q. So I 9 questiqn will just restate that just to make i t clear. Other than being at State 10 11 Hospital, Dayton, Flushing and Jamaica 12 Hospital, you had no other employment as a 13 psychiatrist? 14 A. No. 15 Q. Have you had any private 16 17 practice as a A. I psychiatrist? have -- I am currently in It is a part-time small practice, 18 private. 19 been there since '92 or '93, not sure. 20 Q. Where is 21 A. That's in Forest Bills, 22 23 that practice? Forest Bills. Q. Bow much of your working time do 24 you spend at private practice, 25 working at Jamaica? 212-267-6868 as opposed to VERITEXT REPORTING COMPANY www 516-608-2400 Page 14 VINOD DHAR, 1 2 A. I spend -- I M.D. have 40 hours of 3 work at Jamaica and I 4 at the most private practice. 5 spend 15 to 20 hours So i t ' s about a Q. 6 working time is 7 that fair third of your the private practice; is to say? 8 A. Yes. 9 Q. Is i t fair to say you have 10 experience making decisions about 11 involuntarily committing patients based on 12 your work experience with State, 13 Flushing and Jamaica? Dayton, But mainly at Jamaica. 14 A. Yes. 15 Q. Can you give me an approximation 16 of the number of patients that you've made a 17 decision to involuntarily commit to a 18 psychiatric institution? MR. 19 RADOMISLI: 20 witness is a 21 22 hospital. 23 I This could talk about the policy of the 25 witness and so he Anything he does personally am going to object. MR. 24 30 (b) (6) Objection. SMITH: Are you instructing him not to answer that question? 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 26 VINOD DBAR, 1 3 I A. 2 now. I don't know. M.D. Be is not there think his name was Mr. Mule. 4 Q. Can you spell that for me? 5 A. M-u-1-e. 6 Q. Who was 7 A. No, 8 9 Dr. the chair? he -- the chair was Vivek, Vivek. Q. Did you personally have any roll 10 in the review and revising of department of 11 psychiatric, 12 procedures? 13 A. Yes, 14 Q. Were you part of a psychiatry admission review. committee 15 that would regularly review this or was i t 16 on an ad hoc basis that you would review the 17 procedure? 18 A. On ad hoc basis. 19 Q. See the second page of this 20 exhibit? 21 A. Yes. 22 Q. There is another policy 23 statement called involuntary legal status? 24 A. Yeah. 25 Q. Can you tell me what that 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 43 1 VINOD DHAR, 2 about looks like 20, 3 called the court at 10:54, 4 Judge Sweet's law clerk, 5 had a 6 record discussion or an off the record 7 discussion about instructions not to 8 answer certain questions and Mr. 9 said that since Judge Sweet is away, I M.D. 25 minutes I I spoke with Adam Chen. We think i t was an on the Chen he 10 didn't know whether or not he was going 11 to be able to get back to us with a 12 ruling and we've waited or I've waited 13 approximately 25 minutes and there has 14 been no 15 we will get a 16 proceed with my examination and note 17 that I 18 interference with the order and 19 methodology with which I 20 this witness' 21 Q. 22 Exhibit 130. 23 of you? 24 A. Yeah. 25 Q. Do you have an emergency 212-267-6868 indication from the court that ruling. So I am going to object to the needless wanted to take deposition. Can you turn, sir, to You have that s t i l l in front VERITEXT REPORTING COMPANY www 516-608-2400 Page 44 VINOD DHAR, 1 2 admission 3 fourth, 4 status policy, M.D. exhibit? fifth and the which is the sixth page of 5 A. The page number? 6 Q. I t ' s page the 7 page 17 and i t goes 8 A. Q. start on through 19. Okay. 9 number Yes. MR. 10 RADOMISLI: Starting at 17. 11 Q. Starting with 17, 12 A. Okay, 13 Q. Are you familiar 14 please. sure. with this policy statement? 15 A. Yes, 16 Q. When was 17 than 18 the last time, 20 21 A. that you've other statement? 19 just now, I'm familiar. This I read this read recently when I reviewed the policy on CPEP. Q. So 22 statements 23 that you this was one of that was part of the policy the statements reviewed? 24 A. CPEP. 25 Q. Did you have any role 212-267-6868 VERITEXT REPORTING COMPANY www in the 516-608-2400 Page 45 VINOD DBAR, 1 M.D. 2 creation of this document, 3 document, this which is pages 17, three-page 18 and 19? 4 A. No. 5 Q. Who created this document? 6 A. This is created by the 7 administration -- administrator and the 8 chairman. 9 Q. Who are those people? 10 A. Same people, 11 12 Mr. Mule and Dr. Vivek. Q. The administrator. 13 we refer to as 14 Is this what the 939 admission or involuntary admission? 15 A. That's correct. 16 Q. In the second paragraph under 17 heading policy i t says that the patient's 18 alleged to have a mental illness. 19 see that reference there to a 20 illness? 21 A. Q. Am I mental Yeah. 22 Do you correct that one of things 23 that's required in order to admit somebody 24 involuntary is a medical or psychiatric 25 determination that an individual has a VERITEXT REPORTING COMPANY 212-267-6868 www 516-608-2400 Page 85 VINOD DBAR, 1 MR. 2 RADOMISLI: M.D. Then I will 3 because I 4 court order says and what you asked for 5 and what you asked for was a 6 testify about the policy on involuntary 7 admissions. MR. 8 9 am just going by what the SMITH: Right, witness okay, to and so you're telling me that the only time 10 that's relevant to make an inquiry 11 about the hospital's policy is the 12 moment that the staff physician signs 13 the piece of paper saying that yes, 14 are going keep this person against 15 their will and that anything that 16 happens 17 irrelevant to the scope of this 18 examination? 19 which is what I 20 then you're taking an extremely narrow 21 view of the court order and needlessly 22 interfering with my deposition. thereafter is completely MR. 23 we If you're saying that, think you're saying RADOMISLI: That isn't what 24 I'm saying. 25 exceedingly narrow interpretation of 212-267-6868 Number two, i t ' s not an VERITEXT REPORTING COMPANY www 516-608-2400 Page 86 VINOD DBAR, 1 M.D. 2 the court order, because when you 3 applied to -- when you served the 4 30 (b) (6) 5 motion, 6 regarding involuntary admission. 7 didn't say anything about the discharge 8 either in the application to 9 or in response to my objection or and when -- subject to the you only asked about policies You the court 10 during conference and therefore, 11 is no court order -- 12 limited to involuntary admission. MR. 13 there the court order is The second page of SMITH: 14 the involuntary admission policy talks 15 about the second evaluation needing to 16 be done under the Jamaica policy. 17 you're 18 about 19 patient has already been admitted. 20 Then 21 examination and I 22 application. telling me I can't ask questions the second assessment because the I think we should really stop the MR. 23 will make my RADOMISLI: I'm not saying 24 that you can't ask questions 25 second evaluation. 212-267-6868 So about the You can ask the VERITEXT REPORTING COMPANY www 516-608-2400 Page 133 VINOD DHAR, 1 M.D. 2 somebody will go there and make an 3 assessment and if what they find there is 4 potentially a 5 remove 6 emergency room. 7 as well as, 9 situation, the patient and bring to Q. 8 dangerous So there is a they will the substantial, potential. Isn't there a difference in your mind between any risk and substantial risk? 10 MR. RADOMISLI: I'm going to 11 object to the extent you're asking for 12 his mind. 13 it's a 14 If you want to ask whether policy MR. SMITH: Okay. Fine. I will 15 ask what the policy is and see i f he 16 thinks 17 because we are mincing words here. 18 Q. 19 policy, 20 potential or any potential risk of 21 dangerousness and a 22 dangerousness? A. 23 24 25 I there's any distinction either Under the Jamaica Hospital is there any difference between a Again, substantial risk of it's a clinical judgment. don't think i t ' s defined in the policy. Q. 212-267-6868 In your opinion, is there a VERITEXT REPORTING COMPANY www 516-608-2400 Page 134 1 VINOD DHAR, M.D. 2 difference between any potential risk and a 3 substantial risk of dangerousness? MR. 4 5 30 (b) (6) 6 Q. 7 RADOMISLI: witness. Okay. You can answer the question. 8 MR. RADOMISLI: 9 MR. SMITH: 10 No, he can't. You're instructing him not to answer that question? 11 12 He is here as a MR. of a RADOMISLI: 30(b)(6) I t ' s not proper witness. 13 MR. SMITH: No, 14 MR. RADOMISLI: You know that. I don't. I cited a 15 Don't answer that question. 16 proper. 17 Q. case. I t ' s not Does the term substantial risk, 18 as defined in the Jamaica Hospital policy, 19 include any risk of harm? 20 A. Yes. 21 Q. So under Jamaica's policy, any 22 possible risk is a 23 to involuntary admit somebody, 24 the conclusion that they are dangerous to 25 themselves or others; 212-267-6868 sufficient basis in which is because of that correct? VERITEXT REPORTING COMPANY www 516-608-2400

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