Opinion
February 20, 1962
Claimant appeals from a judgment of the Court of Claims dismissing a claim for the wrongful death, by suicide, of claimant's wife while she was a patient at the Middletown State Homeopathic Hospital. At a previous trial of the same case the State rested without introducing any evidence. At the close of claimant's case the Court of Claims granted a motion dismissing the claim. On appeal to this court ( 8 A.D.2d 921), the judgment of dismissal was reversed and a new trial ordered on a unanimous holding that the claimant had established a prima facie case. Upon the retrial the record on appeal in the previous trial was received in evidence together with the same exhibits introduced at the previous trial, and thereupon claimant rested. The State called Dr. Kleiner, the clinical director of the Middletown State Homeopathic Hospital and introduced certain exhibits and rested its case. Claimant then called Dr. William Leland Holt, Jr., in rebuttal, and then both sides rested. The Court of Claims again dismissed the claim. Claimant contends that the State's negligence consists of lack of proper supervision and particularly that the decedent was negligently transferred from a closely supervised ward, known as the Infirmary, to an open ward where decedent had substantially less supervision, although the hospital knew of her suicidal tendencies. Decedent was admitted to the hospital on August 26, 1952, pursuant to an emergency commitment by a health officer. Decedent remained a patient at the hospital except for two one-day visits to her home until her death by hanging on January 14, 1953. The original emergency commitment noted that decedent had suicidal tendencies. On or about October 22, she was re-examined by two doctors for the purpose of a permanent commitment, and it was then noted that decedent was suicidal, had delusions, was excited, nervous and violent. The hospital records are replete with notations of suicidal tendencies and assaultive tendencies. It appears that on numerous occasions when decedent was unusually disturbed or excited she was given electric shock treatments. On December 26, 1952 decedent claimant was transferred from Ward 93 (the Infirmary, where concededly there was more supervision) to Ward 12, and the hospital record of the transfer ends: "Because of the necessity of creating a vacancy on Ward 93, she was transferred to Ward 12 for continued care." An exhibit offered by the State on the retrial indicates there was such a necessity for a vacancy in the Infirmary. Ward 12 had two corridors, one of 113 1/2 feet in length and the other 67 2/3 feet, and contained 34 separate rooms. The only continuous supervision was by two attendants. Subsequent to decedent's transfer on December 26 she received a total of six electric shock treatments. On January 3, 1953, she received two such treatments in one day. She had been ordered to receive an electric shock treatment on January 13, the day before the suicide, but it was not administered because she had a temperature of 100 degrees at the time. On the morning of the suicide there were at least 31 patients in Ward 12, with two attendants present. Decedent was given a dusting cloth and told to do some dusting, and approximately 10 minutes later she was found hanging by the dust cloth in a nurses' bathroom. The State attempted to show on the retrial that decedent was transferred because her condition had improved. We find nothing in the record to establish an improvement in decedent's condition. The attending physician who had decedent in his charge during her confinement at the hospital was no longer in the employ of the State and was not called as a witness. Dr. Kleiner, who had seen decedent only once, which was at the time of her admission, testified only from the hospital records. He "interpreted" them to mean that decedent was a suitable patient to be transferred from Ward 93 to Ward 12. He admitted that the records did not say that, and the gist of his testimony is that in his opinion the physician in charge of decedent during her stay at the hospital must have been of the opinion that she was a suitable patient for such a transfer. That is really no evidence at all. We find no competent evidence in the record of any carefully formed medical judgment that decedent was no longer subject to suicidal tendencies when she was removed to a ward with comparatively little supervision, and concededly not a proper place for a patient with suicidal tendencies. The evidence establishes that the State was negligent in making such a transfer simply to create a vacancy. The State failed to use reasonable care under the circumstances in failing to take necessary precautions to prevent the suicide, and claimant is entitled to recover for the death of his wife. Decedent was 51 years of age at the time of her death. Her prognosis was good had she been prevented from suicide, and she had a good chance of complete recovery. Claimant has been obliged to hire a housekeeper since her death, and has been deprived of substantial services in addition to usual housekeeping duties. Decedent's funeral expenses were $745. Damages in a case of this kind always present a troublesome problem, but we think that the record fairly justifies an award of $12,745. Judgment reversed on the law and the facts, and judgment granted to claimant in the sum of $12,745, with interest and with costs. Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.