Soto v. State, 45985

• Decision Date: 29 June 1972
• Docket Number: No. 45985,45985
• Citation: 333 N.Y.S.2d 588,39 A.D.2d 993
• Parties: Luisa SOTO, as Administratrix of the Estate of Meli Soto, Deceased, et al., Respondents, v. STATE of New York, Appellant. Claim
• Court: New York Supreme Court — Appellate Division

Page 588

333 N.Y.S.2d 588

39 A.D.2d 993

Luisa SOTO, as Administratrix of the Estate of Meli Soto, Deceased, et al., Respondents, v. STATE of New York, Appellant.

Claim No. 45985.

Supreme Court, Appellate Division, Third Department.

June 29, 1972.

Samuel H. Kelner, New York City (Donald S. Sherwood, New York City, of counsel), for respondents.

Louis J. Lefkowitz, Atty. Gen. (Frederick R. Walsh, Albany, of counsel), for appellant.

Before STALEY, J.P., and SWEENEY, SIMONS, KANE and REYNOLDS, JJ.

MEMORANDUM DECISION.

Appeal from a judgment in favor of claimant, entered February 14, 1968, upon a decision of the Court of Claims, 55 Misc.2d 1035, 286 N.Y.S.2d 993.

The claim is for the alleged wrongful death of Meli Soto, who was seventeen years old, when she died within hours after being transferred from the Bronx State Hospital to Jacobi Hospital on March 17, 1964. On February 19, 1964 decedent, whose history indicated a mental illness since age six, was hospitalized in Jacobi Hospital. On February 25, 1964 the was certified for mental care and treatment in an institution under the jurisdiction of the Department of Mental Hygiene.

On February 26, 1964 she was admitted to the Bronx State Hospital where her mental condition was diagnosed as schizophrenia, catatonic type. On March 13, 1964 decedent became ill with a temperature of 101.8 and medication was administered. On March 15 her temperature was 100 and medication was again administered. On March 16 her temperature rose to 104 and medication was ordered and fluids forced upon her. At 9:00 P.M. her temperature had been reduced to 102. On March 17, 1964 decedent's temperature rose to 107 and she was placed on the critical list. When she did not respond to the medication administered and alcohol sponge baths, she was transferred to Jacobi Hospital where she expired at 2:30 P.M. An autopsy was performed and, pending a toxicology report on the vital organs, the cause of death was tentatively determined to be barbiturate poisoning. The toxicology report indicated no findings of barbiturate or other narcotic agents, and the cause of death was then considered as unknown. Thereafter, this claim was brought alleging that decedent died as the result of the failure of the State to use due, reasonable and proper skill and care in its efforts to treat decedent.

After a trial at which only claimant and Dr. Dromgoole, the supervisor in psychiatry at the Bronx State Hospital, testified, the Court of Claims rendered a decision finding that the State was negligent. The court's conclusion that the State did not exercise suitable care nor administer treatment recognized and accepted by the medical profession is without any foundation in this record which contains no testimony as to what would constitute suitable care or recognized treatment by the medical profession. The only medical evidence presented indicates the steps taken in treating decedent, and there is no evidence that the State did not act in a reasonable...