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Suicide May Equal Medical Malpractice According to Albany’s Court of Claims

In April 2011, a 52 year old woman with a history of mental illness hung herself in the shower room of her Psychiatric Center. The court held, “the claimant has established, by a preponderance of the credible evidence, that defendant deviated from accepted medical standards, and that such deviation was a proximate cause of death,”. The $5.8 million award includes $2.5 million for conscious pain and suffering, $2.39 million for future wrongful death damages and $897,078 for past wrongful death damages. Creo v. State of New York.

Jason T. Katz
Partner
jtkatz@lewisjohs.com

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