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Hospital & ER Physician May Be Liable For Discharge of Violent Mentally Ill Patient Who Killed His Sister, Aunt & Uncle

Last week, a Federal Court Judge in Albany refused to dismiss three wrongful death actions against a hospital, an emergency room physician, nurses and a hospital security guard involved in the care of a violent, paranoid and psychotic patient who killed his sister, aunt and uncle hours after he was released from a hospital in Utica, New York.

On January 6, 2015, Utica police responded to the home of Paul where he resided with his aunt (adoptive mother), uncle and sister. Paul had dragged his uncle onto the porch after attacking him in their home. Uncle Michael told the police that Paul had beaten the family dog to death and then attacked him for complaining about it. While Uncle Michael explained what had happened to the police, Paul renewed his attack on his uncle in the presence of the police. Both responding cops noted that Paul was acting "strange", " bizarre" and seemed confused and disoriented. The family members told the police that Paul was mentally ill and may have stopped taking his medication.

The police arrested Paul and brought him (involuntarily) to the hospital specifically requesting a mental health evaluation. The police noted that they had never seen the ER as busy as that day. Most importantly, the police advised the medical staff that police should be notified prior to the release of Paul should the hospital decide not to admit Paul. The ER physician examined Paul and issued a continuing "restraint order" which resulted in the physical restraint of Paul. The ER physician arranged a CT scan of Paul's head and various blood tests which were essentially normal. Nurses notes described Paul as psychotic, paranoid, angry and suffering from auditory hallucinations. Paul reported to a nurse that demons had told him to kill the family dog to protect someone else. Within 3 hours of his arrival, the ER physician allegedly ordered Paul's discharge despite never arranging the mental health evaluation. Worse the hospital staff discharged Paul without notifying the police as specifically requested.

Paul went home and within a few hours killed his aunt and adoptive mother, uncle and sister. Police reported that the bodies were badly mutilated. The Federal Court Judge found that a jury trial will be necessary to determine the claims of both negligence and medical malpractice. Generally, hospital's and physician's have no duty or legal obligation to the family member of a patient. However, there is an exception when the medical professional has sufficient knowledge of the danger posed by the patient and has the ability to control or detain the patient. Moreover, the hospital staff neglected to report Paul's release to the Utica Police department as specifically requested.

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the state. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ronald is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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