Cameron v. State
| Decision Date | 15 March 1972 |
| Citation | 282 N.E.2d 118,30 N.Y.2d 596,331 N.Y.S.2d 30 |
| Parties | , 282 N.E.2d 118 Patricia CAMERON et al., Appellants, v. STATE of New York, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Fourth Department, 37 A.D.2d 46, 322 N.Y.S.2d 562.
McDonough, Boasberg, McDonough & Beltz, Buffalo (Charles J. McDonough, Buffalo, of counsel), for claimants-appellants.
Louis J. Lefkowitz, Atty. Gen. , for respondent.
Action was brought against State for injuries sustained by infant claimant who was attacked by a former mental patient in a state hospital. The Court of Claims, Ronald E. Coleman, J., entered a judgment in favor of the claimant on issue of liability and the State appealed.
The Appellate Division reversed. It held that the act of state hospital in releasing former mental patient could not be the basis for any liability where release was founded upon and resulted from diagnosis and was decision based on medical judgment even if the decision proved to be erroneous by subsequent events. It was further held that the evidence failed to establish that the state hospital had omitted any precautions required by proper hospital practice or that any alleged acts or omissions of hospital had a causal relationship to injuries sustained. The claimants appealed.
In the Court of Appeals the claimants asserted that the State's negligence went far beyond mere error of professional judgment and that the state hospital had not only the right but the duty to detain patient irrespective of its professional judgment as to his mental illness. The State contended since there was no proof that the State doctors who diagnosed patient as non-psychotic were incompetent or unqualified or had been guilty of malpractice even if their diagnosis were wrong, State was not liable and that the State doctors having determined patient was not psychotic could not retain him in the institution.
Order affirmed, without costs.
All concur.
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