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July 2019: Defense Verdict in False Imprisonment Case for a Major NY Hospital Health System

July 15, 2019

Senior Trial Partner Anthony M. Sola, assisted by Senior Partner Laurie Annunziato, Appellate Counsel Gregory Cascino, and Associate Kathryn Blackmer, obtained a defense verdict on July 16, 2019, at the conclusion of  a  trial  in New York County Supreme Court before Judge Barbara Jaffe. The plaintiff alleged that their client – who frequently demanded to be able to go home – was involuntarily confined in the Hospital against her wishes for 17 days without meeting the requirements of the Mental Hygiene Law for an involuntary admission. 

 

The defense demonstrated that the elderly patient was not permitted to go home because she lived alone and her health condition rendered it unsafe for her to go home without home health aides.  Pursuant to the Public Health Law, a Hospital cannot  discharge a patient without a safe discharge plan in place.  Moreover, it was demonstrated at trial that the plaintiff could leave the Hospital if, for example,  she would agree to go to a nursing home.  The jury found the patient was not confined to the Hospital as required for a case of False Imprisonment and rendered a defense verdict.

 

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