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Partner Gregory J. Radomisli, Appellate Partner Richard L.Wolf, and Associate Shannon L. Stewart, successfully obtained Summary Judgment in Nassau County Supreme Court in a case involving a then 59-year-old male who committed suicide. MCB’s client psychiatrist began treating the decedent in November 2021. The decedent had a long standing history of depression, with no prior history of suicidal thoughts or attempts.
Over the following three to four months, MCB's client psychiatrist treated the decedent and prescribed medications to address his symptoms which included lack of interest activities, problems with sleep, and anxiety. At each appointment, the decedent repeatedly denied suicidal thoughts and showed improvement with medications. MCB's client psychiatrist saw the decedent on February 23, 2022 when the decedent indicated that he was feeling better and had been brighter, and that his restlessness had also began to dissipate. The decedent then committed suicide by gun shot on March 4, 2022.
The Plaintiff brought a multitude of allegations including failures to appreciate the decedent's history, recognize and appreciate his symptoms, perform a suicide risk assessment, properly manage his medications, as well as claims for wrongful death.
With the assistance of our expert psychiatrist, MCB demonstrated that all treatment rendered by our client psychiatrist was within the appropriate standard of care. MCB further argued that the decedent's mood was improving, and he was looking forward to the future, and that suicide in itself was an impulsive behavior that cannot always be predicted. Additionally, MCB relied on the decedent's wife's deposition testimony, which established that, even on the day of his suicide, he was making plans for the future and did not seem suicidal.
The Court found that MCB met all the necessary elements to establish a prime facie argument for summary judgment. The Court further held that the plaintiff's psychiatry expert opinions' were purely speculative, conclusory, and contradicted by the record.