New York City Health & Hospitals Corp. v. Brian H.

51 A.D.3d 412, 857 N.Y.S.2d 530
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 1, 2008
StatusPublished
Cited by3 cases

This text of 51 A.D.3d 412 (New York City Health & Hospitals Corp. v. Brian H.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New York City Health & Hospitals Corp. v. Brian H., 51 A.D.3d 412, 857 N.Y.S.2d 530 (N.Y. Ct. App. 2008).

Opinion

Order, Supreme Court, Bronx County (Lucy Billings, J.), entered August 29, 2007, which, after a hearing pursuant to Mental Hygiene Law § 9.31, directed respondent’s release from Jacobi Medical Center (JMC), unanimously reversed, on the facts, without costs, and the petition for an order retaining respondent for involuntary care and treatment in said hospital granted.

Respondent was admitted to JMC on July 9, 2007, five days after an M-80 firecracker exploded in his hands, causing severe injuries. Doctors were forced to amputate his left hand and three fingers on his right hand on July 11, because of potentially fatal infection. The need to amputate was partially due to respondent’s delay in seeking medical attention. Two days after the surgery, respondent left the hospital, against medical advice. He was later returned by the police.

On July 17, 2007, respondent was admitted to the psychiatric unit of JMC on an emergency basis pursuant to Mental Hygiene [413]*413Law § 9.39. Two medical certifications supported the admission. The first, by a physician, described respondent and his immediate medical history as follows: “Mr. H[ ] is a 48 year old single male with long psychiatric history and history of multiple admissions. He was brought to ER by police when found wandering the street with hand injury sustained from firecracker. Patient is delusional and incoherent. He was treated and stabilized surgically before being transferred to Psychiatry for being dangerous to self due to psychosis.”

The second certification, by a member of the psychiatric staff, noted that respondent had a “history of bipolar disorder and multiple admissions,” and that he appeared “[d]isheveled, unkempt, disorganized in thoughts process and behavior.” It described his speech as “pressured, circumstantial with flight of ideas,” and his affect as “angry, inappropriate.” The certification further described respondent as “guarded, irritably manic,” and diagnosed him as having bipolar disorder, as manic, and as an alcohol dependent in remission.

On July 23, 2007, the hospital applied to have respondent involuntarily admitted pursuant to Mental Hygiene Law § 9.27. The application was signed by Dr. Faynblut, respondent’s treating psychiatrist, who stated: “48 year old single white male brought from surgery s/p left hand amputation and three right fingers as he refused treatment there and tried to elope. Patient had firecrackers explosion on July 4th and did not seek any help. He remains irritable, labile, easily agitated to labile affect, pressured speech, disorganized, intrusive. Insight/Judgment— poor. Patient needs acute care.”

The application was supported by two physicians who had examined respondent. One of the physicians described respondent as having had “multiple prior psychiatric hospitalizations,” and being “easily agitated and hostile.” He further asserted that respondent’s insight and judgment were “significantly impaired,” that respondent is “acutely manic” and “cannot function safely in the community and needs longer inpatient treatment.” The second physician offered the same diagnosis and further certified that respondent “remains markedly pressured, circumstantial, intrusive, and still with complete impairment of insight and judgment.” He further stated that respondent was a risk to himself.

On July 29, 2007, respondent gave written notice to JMC that he wanted to be released from the hospital within 72 hours. In his notice he acknowledged his bipolar disorder but asserted that he had reached maximum medical improvement. The next day, the director of psychiatry at JMC applied for court authori[414]*414zation to retain respondent. He claimed that respondent had “a mental illness for which care and treatment as a patient in a hospital is essential to such person’s welfare and whose judgment is so impaired that he ... is unable to understand the need for such care and treatment,” and as a result of this mental illness, “poses a substantial threat of harm to self or others.”

On August 15, 2007 a hearing was held on the issue of whether JMC could retain respondent. JMC presented the testimony of Dr. Faynblut, and respondent testified on his own behalf. There were no other witnesses. At the outset of the hearing, the parties stipulated that Dr. Faynblut qualified as an expert. They further stipulated to the admission of respondent’s hospital records. The court explained that the latter stipulation meant that “the hospital record is admitted as a business record, but if there are other objections to specific contents, they’ll be raised.” At no point during the hearing did either party object to any specific entries in the hospital records.

Dr. Faynblut testified that respondent had been admitted for extensive hospitalization four times since November 2006, and that prior thereto he was hospitalized approximately once every three years. She testified that over time, respondent’s level of function had decreased. She confirmed her diagnosis of bipolar disorder, which she explained was based on his history of manic and depressive episodes. Dr. Faynblut described her concern for respondent’s well-being should he be released. She explained that he resides alone in a house without help, and that based on his history of self-neglect, he would not comply with any follow-up medical plan necessitated by the amputation surgery.

Dr. Faynblut further testified that the structured setting of the hospital benefited respondent insofar as it provided necessary encouragement for him to attend to his own hygiene and take the various medications prescribed to treat his bipolar disorder. She expressed concern that he would decompensate without the hospital’s support.

JMC’s counsel attempted to elicit testimony from Dr. Faynblut regarding what she had been told by respondent’s family and outpatient treatment providers regarding his prospects for complying with a discharge plan. After Dr. Faynblut stated she was told that respondent has difficulty managing his finances, however, respondent’s counsel objected and the court sustained the objection on hearsay grounds. The court made no evidentiary rulings concerning the medical records.

In respondent’s testimony, he acknowledged that he had been hospitalized several times over the past year, although he claimed to have volunteered for, and complied with, outpatient [415]*415treatment. He stated that he sought medical assistance from a doctor two days after the July 4 accident, and that the doctor “helped” him and suggested that the following week he have another doctor reexamine the injury. However, he at first refused to disclose the name of the doctor who “helped” him, and asserted he did not remember the doctor’s name. He claimed that shortly thereafter, he went to a regularly scheduled appointment with his psychiatrist, and that the psychiatrist suggested he go to the emergency room. He testified that he went to his sister’s house that evening, and she called an ambulance for him. He claiméd that he left the hospital after two days because a doctor told him he could. He further testified that the medication he was given at the hospital to address his mental disorder was not appropriate and caused him to decompensate. However, he testified that he was feeling good on his current medication and believed he could take care of himself outside of the hospital. He acknowledged that he lives alone and stated he is a retired custodial engineer, receiving $25,000 per year from the New York City Board of Education. Also, he denied that his family helps him pay his bills.

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Bluebook (online)
51 A.D.3d 412, 857 N.Y.S.2d 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-city-health-hospitals-corp-v-brian-h-nyappdiv-2008.