Schoolcraft v. The City Of New York et al

Filing 414

REPLY AFFIRMATION of NATHANIEL B. SMITH in Support re: 305 MOTION for Summary Judgment .. Document filed by Adrian Schoolcraft. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Smith, Nathaniel)

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------- ------- --- ---------- ------------ Page 29 L. 1 A. 2 ALDANA-BERNIER When they bring in agitated, combative, violent, 3 very 4 depending 5 I'm 6 Q. patient handcuffs. 7 a sure on the nature here any 9 their call, they were being brought by And do 8 of of you names recall any those A. sit No. 11 Q. And do gentleman of you patients? 10 of as you recall 12 here a 13 from as sit only your memory? A. 14 15 named Adrian you You're Hold on. Schoolcraft saying from my memory? 16 Q. Yes. 17 A. Because 18 chart. 19 Q. have I have been Independent 20 you 21 the records, the do Schoolcraft? MR. 22 23 form of A. of Adrian Objection CALLAN: the can the No, I answer. don't. - - - - - 212-267-6868 to question. You 24 25 any memory of reading --------- VERITEXT REPORTING COMPANY www 516-608-2400 Page 30 1 L. Q. 2 3 ALDANA-BERNIER Okay. physically, Can't describe can 4 A. Q. So you? No. 5 him am 6 entire memory 7 you 8 is 9 Jamaica may have I of correct any care rendered contained in the that to or your treatment Mr. Schoolcraft hospital chart of Hospital? 10 MR. RADOMISLI: MR. CALLAN: Objection to form. 11 12 13 I join in the care and objection. 14 You can answer. 15 A. From 16 Q. So 17 treatment of Mr. 18 the contained 19 of notes Jamaica it, yes. your memory of Schoolcraft in Hospital, 20 A. Q. And prior hospital from chart correct? Yes. 21 the comes 22 did you review 23 A. The 24 Q. What 25 A. The 212-267-6868 any same, to coming here today, documents? yes. did you records review? [indicating] VERITEXT REPORTING COMPANY www 516-608-2400 Page 238 1 L. ALDANA-BERNIER 2 A. The psych ER. 3 Q. And 4 Schoolcraft, A. 5 6 that wasn't done with Mr. correct? Because we did not have a CPEP then. 7 Q. What 8 A. Community psychiatry emergency 9 I do does not have Q. But 12 A. It 13 Q. When 10 11 that the whole Jamaica has i t your 15 is 16 health law 17 mental health name, Hospital one, sorry. has one yes. looking at understanding required under to admit of sets 70, out is what the mental someone under the law? MR. 19 MR. LEE: Objection CALLAN: A. I Q. 20 Exhibit this 9.39 18 Objection want you to to rephrase to form. the form. that Sure. one. 22 What 23 24 for? now? 14 21 stand this 25 document, MR. ---------------- 212-267-6868 is the i f you CALLAN: --------- standard set out in want her to know? Do you --- VERITEXT REPORTING COMPANY www 516-608-2400 Page 239 1 L. 2 read ALDANA-BERNIER the document, a summary? SUCKLE: I want MR. 3 understanding of 4 MR. 5 to know her it. CALLAN: I object. 6 ' three-page piece of paper. 7 for It's a It speaks the itself. Objection 8 to the form of know what this is? question. 9 10 Q. Do 11 A. Yes, it's 12 Hygiene 13 with preservation of 14 as well Law, you as that's their a New York Mental careful their attention legal safety. Is 15 Q. 16 rights this the policy of Jamaica 9.39? Hospital? 17 A. To do 18 Q. Is this 19 20 21 22 23 Jamaica a document a Hospital? A. Hospital Q. Hospital, It's showing Department of Is a it a in here Jamaica Psychiatry Manual. policy of Jamaica written policy? 24 A. A written policy, 25 Q. Do 212-267-6868 policy of you endeavor to yes. follow VERITEXT REPORTING COMPANY www. veri text .com the 516-608-2400 Page 240 1 L. 2 3 of policies ALDANA-BERNIER Jamaica Hospital, ones? 4 A. The 5 Q. In dealing Schoolcraft, did you endeavor 7 the written with Mr. 6 the policy 9 was MR. yes. here CALLAN: as to follow Exhibit Well, this 70? says it 4/10. SUCKLE: I MR. CALLAN: Well, MR. knew SUCKLE: I t doesn't asked her if she what 12 13 forth revised 10 11 set MR. 8 written, we don't know. 14 15 revised. 16 don't It says speak. I 17 MR. 18 representation 19 that 20 Mr. MR. followed 23 follow this 24 effect or LEE: the the a policy time that seen? policy, she making I'm asking policy, not Please about you was effect at this MR. 212-267-6868 this SUCKLE: 22 her Are Schoolcraft were 21 25 asked CALLAN: in was reviewed. say endeavored whether can if tell Objection she to i t was in me. to VERITEXT REPORTING COMPANY www form. 516-608-2400 Page 241 1 L. 2 A. ALDANA-BERNIER It's to in saying 3 alleged have a 4 which 5 treatment in a 6 and which is likely 7 harm 8 under 9 Q. immediate to or endeavor to 12 care A. follow At 14 thought 15 danger 16 that point 17 story where 18 hospital 19 and 20 think 21 for in of Mr. admitted period of 15 Did you in policy your Schoolcraft? in that point serious may be a and appropriate is: this for care, result others treatment 13 to question 11 and is hospital provision The illness observation, himself this mental "Patient days. " 10 here, 2009, I himself. I to others in time he was to he may be himself you go brought back to acting and he was paranoid. danger 24 A. That's 25 Q. Under your to answer, to of the the was a a because he Is 23 that if was Q. 22 or because agitated he believe bizarre others yes, or you I to tried to 212-267-6868 what this I'm saying, policy, under VERITEXT REPORTING COMPANY www yes. number 516-608-2400 Page 242 1 L. 2 1 "a 3 to 4 attempts is substantial himself as at manifested by attempts at SHAFFER: 8 MR. CALLAN: Q. Did Mr. threats or A. You 12 Q. We are going We or threats or have are to Objection. Objection. Schoolcraft manifest attempts 11 13 of suicide? MR. 9 threats harm suicide." 7 10 of physical risk Did he manifest 5 6 ALDANA-BERNIER at to suicide? finish. going go to break i t down. one by one? 14 MR. CALLAN: Objection. 15 MR. SUCKLE: That's 16 question. 17 MR. CALLAN: Objection 18 form the MR. 19 20 of the to the question. SUCKLE: CALLAN: The She Noted. can answer. MR. 21 22 left 23 incomplete 24 MR. You 212-267-6868 something out. are said you reading document. 25 doctor sentences SUCKLE: from a three-page I'm asking VERITEXT REPORTING COMPANY www 516-608-2400 Page 243 1 L. ALDANA-BERNIER 2 questions. 3 way, 4 Q. I'm In my asking Doctor, a horrific question. did you 5 Schoolcraft because he 6 risk 7 manifested by 8 stumbling admit Mr. suicide? of physical a harm was to threat A. Q. Just yes or 11 A. Sir, have 12 Q. attempt at statement. 13 as Sir 10 substantial himself or 9 a 14 You I have don't to have answer he is a other danger to We're Q. 18 19 know that 20 to SHAFFER: "Or A. 16 to complete do the anything. questions. MR. 15 17 you no. Objection. conduct demonstrating himsE~lf." going to get there. part. I'm asking you I a question. 21 A. That's what 22 Q. We going 23 based your 24 Did you 25 substantial 212-267-6868 are opinion base it risk on on. I based to get to what you I'm asking you: that he was of physical a harm VERITEXT REPORTING COMPANY www to 516-608-2400 Page 244 1 L. ALDANA-BERNIER 2 himself as manifested by 3 attempt at suicide? 4 MR. and 5 CALLAN: MR. and or MR. 8 or asked CALLAN: Not answered yet. no? Objection, asked answered. 10 Q. Can 11 A. A potential 12 Q. So 13 threat 14 what you're or you you answer, please? risk, yes. say he manifest by attempt at suicide; it a that saying? 15 A. A potential 16 Q. Did he manifest by 17 of Objection, SUCKLE: Yes Q. 9 threat answered. 6 7 a risk. a threat of suicide? It's A. 18 19 in with 20 was 21 himself 22 potential a 23 Q. 24 reason 25 A. 212-267-6868 to the the emergency potential or behavior hurt risk that room. he I came saw he that he might hurt That's others. a risk. So potential that you That's risk held him, the was the correct? reason that VERITEXT REPORTING COMPANY www I was 516-608-2400 Page 245 1 2 L. thinking ALDANA-BERNIER that 3 Q. 4 you've 5 A. I 6 Q. he And And described 8 48-hour period 9 also you that already potential who risk today? to of a risk, saw him within confirm his that potential us of yes. this doctor tell to did, did the the admission. the potential 7 10 needs he was the admission concerned about risk? 11 MR. RADOMISLI: 12 MR. LEE: 13 MR. CALLAN: 14 Q. Objection I he the in join you to form. the objection. 15 Objection. Did he 16 concerned about 17 you've MR. 19 testimony 20 MR. 21 that's 22 A. there 24 his 25 was the potential risk that just described? 18 23 tell LEE: ThE~re' been she ever SUCKLE: the talked She can to no him. say that if answer. If you for s read the him tell me I As 212-267-6868 I can see he that. wasn't I read risk. notes, to notes, was a potential VERITEXT REPORTING COMPANY www 516-608-2400 Page 246 L. 1 Q. 2 This 3 talking 4 risk 6 when day. 7 that 9 you did he last I'm basing he there came any 11 the risk reason you A. What 13 Q. I'm not MR. repeat 17 sure 18 Q. Is are the just described 20 held the to one beginning risk, is that just described are you thinking Do thinking of as you want of? any. her to again? No, no I other only want to make ones. that potential 19 risk reason that you that you him? The A. a same 22 see 23 danger to others, 24 I to admit 25 only besides SUCKLE: there it hospital. CALLAN: MR. 16 potential held him? risk herself this potential risk 12 14 the that you that that you're saw him? this other potential 21 have i t from into And 10 15 risk I'm not basing Q. 8 potential about, A. 5 ALDANA-BERNIER patient, have Q. it reason is a and I think potential I make the when risk I and decision the patient. And when you say "potential --------- 212-267-6868 VERITEXT REPORTING COMPANY www 516-608-2400 Page 247 1 L. 2 risk," 3 all can ALDANA-BERNIER you quantify that for me at what you mean by potential? A. 4 The patient comes 5 himself, 6 in 7 officer who may have access to weapons, 8 easy have access to weapons. 9 He from acting bizarre. in barricaded his for house. him to paranoid. is 10 i t would be 11 I t was I would 13 So Q. safe if he if was a brought police think that maybe admitted. 12 safe He your was A. If he 15 Q. That's about when you 17 thought be he might be admitted? 14 16 the patient will was admitted. what you were correct? A. All Q. 18 19 of the Can you above risk, that I told you. 20 21 by potential 22 likelihood of 23 "potential" 24 you 25 say potential talking quantify A. 212-267-6868 risk quantify as far This risk? that you you as the word have been that for When what you mean say using, can me? "quantify," VERITEXT REPORTING COMPANY www what 516-608-2400 Page 248 1 2 L. do you mean? Q. 3 ALDANA-BERNIER Sure. 4 Well, 5 "potential." 6 you mean I used would the like to know what If you think the of navy yard 8 disaster, was he an officer 9 He quite, no one was word by potential. A. 7 you so 10 what was going 11 happened or ever army man? found out then? 12 Or on if with him. you look Rover. Who 13 the 14 people that 15 police So at what all of those officers. Range 16 caused So I that? think 17 make 18 the 19 that there will 20 will be destruction, 21 get harmed 22 the 24 25 ER, Q. meant by A. 2 I 2-267-6868 that have I when to no when I was I all They then see think be no they in a of are I these all have to patient in ER. 23 sure if are the future disaster, or were asking no there one will discharged from about what you potential. That's the potential. VERITEXT REPORTING COMPANY www 5 I 6-608-2400 Page 249 1 L. Q. 2 ALDANA-BERNIER So 3 all, you 4 patient if want is there to make safe, is any potential sure that at the correct? 5 A. Correct. 6 Q. And if there is any potential 7 at 8 community 9 A. That's correct. 10 Q. And if there is any potential were going to admit Mr. all, all, you want is 11 at you 12 safe, Schoolcraft, 13 A. 15 I would have 17 emergency 18 and the correct? to room, Objection of those to form. reasons, yes, admit him. admitted him there were to the certain rules regulations MR. 19 psych 22 regulations 23 about 24 visitors A. 212-267-6868 floor, he was there in clothes can Withdrawn. SUCKLE: When Q. 21, 25 all When you Q. 20 LEE: With 16 sure correct? MR. 14 to make the admitted were psych they wear, come, to certain ward, the rules and correct, what hours correct? Yes. VERITEXT REPORTING COMPANY www 516-608-2400 Page 250 1 L. Q. 2 3 have 4 want, ALDANA-BERNIER It's anybody like not come correct; they and v i s i t is that are any free time to they true? 5 A. That's correct. 6 Q. I show you 7 marked as will you been 71. Now, 8 Exhibit what's do 9 A. [No 10 Q. Do 11 A. It's the 12 Q. Were those what that that is? is? hours. 13 know response.] you 14 effect when Mr. 15 psychiatric 16 know what policy the of visiting policies Schoolcraft was 2009? floor 17 A. Okay, 18 inpatient Q. Jamaica the Hospital in unit. 19 at on 1n During 20 Schoolcraft was 21 he 22 23 24 in A. the this the at policy time is for the that Mr. Jamaica Hospital, was inpatient unit? I did not work I in the inpatient understand. unit. Q. Was 25 212-267-6868 he in the inpatient VERITEXT REPORTING COMPANY www unit? 516-608-2400

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