Senior Trial Partner Michael A. Sonkin and Partner Amy E. Korn were granted summary judgment in the Southern District of New York.
This Federal Court case involved the suicide of a physician with a long history of depression and post-traumatic stress disorder who was treating with our client for Ketamine infusions. 聽The claims were a failure to perform a careful examination of the patient to determine whether there was an imminent threat of harm; failure to contact the authorities of the patient鈥檚 prior ideation; and a failure to communicate with the patient鈥檚 treating psychiatrist and coordinate care, despite the patient鈥檚 explicit prohibition on communication. 聽All of the above was claimed to have resulted in the patient鈥檚 suicide. 聽
The Court agreed with MCB鈥檚 position that our client doctor appropriately determined that there was no imminent threat of harm present based on the doctor鈥檚 examination of the patient, and that there was no basis to disregard the patient鈥檚 instructions and violate HIPAA by contacting the authorities or communicating with the patient鈥檚 psychiatrist. 聽The Court found that no issue of fact existed as to the propriety of the care, and that summary judgment was warranted on behalf of our client.