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MCB Case Result from Appellate Department: Dismissal of Claims

July 8, 2015

Senior Trial Partner Jeffrey A. Shor assisted by Appellate Associate Iryna S. Krauchanka, obtained a dismissal of claims initiated against a mental health provider as a result of an unanticipated patient suicide. MCB sought appellate review of a Supreme Court, Bronx County order denying summary judgment to their client. Despite plaintiffs’ expert’s assertions that the treating psychologist should have asked decedent whether he had access to weapons, the Appellate Division held that the provider exercised his “professional medical judgment in his examination and evaluation of decedent, including his determination whether to inquire about decedent’s access to firearms.” In reaching its decision, the Court cited its prior opinion, Park v. Kovachevich, where MCB obtained a reversal and dismissal of claims against the hospital invoking the same legal principle.

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