Rueda v. Charmaine D.

958 N.E.2d 106, 17 N.Y.3d 522
New York Court of Appeals·Decided October 18, 2011·Published·Cited by 12 cases

Opinion

OPINION OF THE COURT

Smith, J.

We hold that an emergency room psychiatrist was “supervising the treatment of or treating” a patient within the meaning of Mental Hygiene Law § 9.27 (b) (11), and so had standing to seek an involuntary commitment of the patient pursuant to section 9.27. The psychiatrist was not required to resort to the emergency procedure contained in Mental Hygiene Law § 9.39.

I

Charmaine D. was brought to the emergency room at Jacobi Medical Center. Dr. Amita Shetty, an attending psychiatrist, found Charmaine to be acutely agitated, trying to take her clothes off, and in need of medications and restraints. The doctor learned that Charmaine had a history of bipolar disorder and had been hospitalized four times before. Dr. Shetty concluded that Charmaine was “currently paranoid, grandiose with decreased insight and judgment, poor impulse control, unable to care for self and a potential danger to self’ and applied to have her admitted involuntarily to a hospital pursuant to Mental Hygiene Law § 9.27.

[526]*526Dr. Shetty’s application was accompanied by certificates of two other doctors who had examined Charmaine. The patient was transferred (apparently for insurance reasons) to Montefiore North Medical Center, where she was admitted after a fourth doctor confirmed that she needed involuntary care and treatment.

Five days after Charmaine was admitted to Montefiore, petitioner, the director of the psychiatry department at that hospital, applied to Supreme Court for an order that she be retained for 30 days. Charmaine moved to dismiss the retention proceeding, arguing, among other things, that her original commitment was defective because Dr. Shetty was not a proper applicant under Mental Hygiene Law § 9.27. She argued that the only option available to the Jacobi emergency room doctors was to seek her commitment under Mental Hygiene Law § 9.39.

Supreme Court denied the motion to dismiss and ordered Charmaine retained. The Appellate Division, with two Justices dissenting, affirmed (Matter of Rueda v Charmaine D., 76 AD3d 443 [1st Dept 2010]).

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Rueda v. Charmaine D., 958 N.E.2d 106, 17 N.Y.3d 522 (N.Y. 2011).

958 N.E.2d 106 (Rueda v. Charmaine D.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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