QUESTION

My wife committed suicide 2 weeks after she was brought to the hospital for 2 overdose tries in 2 days. They gave her a mental evaluation after she...

Asked on Oct 31st, 2017 on Personal Injury - New York
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In the hospital all day. When asked if we had insurance and we said no, they told us she was OK to return home. Her personal therapist who has been seeing her for years was expecting her to be admitted to a psych ward that evening. Less than 2 weeks later after putting our daughter on the bus for school, she immediately went into the garage and bled herself to death.....I am extremely angered that she was not held back at the hospital
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
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First, I am sorry for your loss. If this case occured in a public (state or county-run, or public benefit corporation) hospital, you were requred to serve a notice of claim on the hospital within 90 days after the date your wife was discharged without treatment, and commence a lawsuit within a year after that. If that was the case, and you didn't do so, you have no case. The statute of limitatons for psychiatric malpractice is 2 1/2 years from the time of the malpractice, which was the date your wife was discharged from the hospital without treatment after the hospital knew she was suicidal. For wrongful death, the statute of limitations is 2 years after death. So if this happened more than 2 years ago, you have no case for wrongful death. You may still have a case for pain and suffering even if it's too late to sue for wrongful death, but it's doubtful that such a case would have much value. Assuming this all happened recently enough to commence a wrongful death due to psychiatric malpractice lawsuit, if you can prove that not only was the hospital's decision to discharge your wife without treatment after she was determined to be an imminent suicide risk a breach of the standard of care, but that this breach was the foreseeable, direct cause of your wife's suicide nearly 2 weeks later.  Given that she previously tried to commit suicide by drug overdose, it may be difficult to prove that death by bleeding was foreseeable. But is is possible, in light of her two recent suicide attempts prior to going to the hospital, that you can prove medical malpractice.  
Answered on Nov 01st, 2017 at 10:48 AM

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