Matter of Anonymous
Annotate this CaseDecided on August 4, 2009
County Court, Otsego County
In the Matter of the Retention of ANONYMOUS, a Patient admitted to Bassett Healthcare
2009-0854
Appearances of Counsel: Bruce Maxson, Esq. for Bassett Healthcare; Mental Hygiene Legal Services, Christy A. Coe, Esq., of counsel.
Brian D. Burns, J.
The above referenced matter came before this Court for a retention hearing pursuant to the Mental Hygiene Law. The subject of the hearing appeared with counsel. He is represented by the Mental Hygiene Legal Services, Christy A. Coe, Esq., of Counsel. The hospital appeared though its attorney, Bruce Maxson, Esq.
The Court heard testimony from Dr. Craig Walike, Attending Psychiatrist at Bassett Healthcare, as well as the patient's daughter. The patient opted not to testify. The Court has evaluated the testimony of the witnesses. Having observed the demeanor of the witnesses and considered the relevant evidence, the Court makes the following findings of fact and reaches the conclusions of law set forth below.
Dr. Walike credibly testified that the patient suffers from a mental illness, to wit; Chronic Schizophrenia with acute exacerbation. The patient, according to Dr. Walike, exhibits delusional and psychotic behavior. For example, Dr. Walike testified that the patient has multiple paranoid thoughts including his belief that family members are poisoning him. The patient also isolates himself, and doesn't leave his house. He testified that the patient bulldozed a shed because he believed he was being poisoned and given electrical shocks by the shed.
Dr. Walike testified that the patient has no insight to his illness and, as a result, refuses medication. Dr. Walike opines that the patient needs inpatient care to adequately address his needs.
Dr. Walike also testified as to the patient's medical information obtained by Bassett Healthcare, some of which was obtained prior to patient's involuntary admission into the [*2]psychiatric unit. The patient's attorney objected to introduction of such testimony, arguing that the information is confidential patient information pursuant to Public Health Law § 18, and patient has not waived that privilege, pursuant to CPLR § 4505, nor does his request for a hearing, pursuant to Mental Hygiene Law § 9.31, constitute a waiver of such privilege.
The hospital is correct in that there is not clear direction for this issue in case law as this appears to be a case of first impression. The hospital argues that the patient raised the issue of his medical condition through his Application for a Retention hearing. The Court, however, agrees with the patient's attorney that medical information regarding the information obtained prior to the patient's involuntary admission is confidential. (See, CPLR § 4504; Matter of Barbara W., 142 Misc 2d 542, 537 N.Y.S.2d 427 [NY Sup. Ct. 1988]). The hospital's attorney did not cite, nor did the Court find, any authority to the contrary. However, the patient received care for a medical condition, namely cellulitis, while he was in the psychiatric unit, which included daily changes of dressing and physical therapy. While under the care of the psychiatrist, the patient stated that the cellulitis was caused by a laser beam and has refused to take necessary medication. Cellulitis, if left untreated, may result in amputation. That information is properly before the Court.
The patient's daughter testified that she lives in close proximity to the patient. She stated that, despite this, she has seen him very infrequently since November 2008. When he was discharged from the hospital prior to that in October 2008, she helped him move into a tenant house and bought groceries for him, as well as a refrigerator. She testified that he refused to use the refrigerator because of the poisonous gas inside. In February 2009, she called Adult Protective Services because her father was throwing out unopened cans of food for fear of poisoning. He also refused to use the propane heater because of fear of poisonous gas. She also received a call from someone concerned at a local deli who observed her father's leg "leaking fluid."
The Court accepts Dr. Walike's testimony that continued care and treatment at the hospital is essential to the patient's welfare. The Court also accepts the patient's daughter's testimony regarding his behavior. The patient suffers from a mental illness, as well as a physical illness. Dr. Walike's testimony that the patient's lack of insight into his illness results in a refusal to take medication creates a risk of danger to himself or others, including the risk of harm to himself if his cellulitis is not treated properly.
The Court makes the findings set forth above by clear and convincing evidence.
Therefore, it is hereby Adjudged that the patient's retention is necessary, and it is hereby
ORDERED that the retention of the patient is hereby authorized and he may be retained at
Bassett Healthcare or transferred and retained for care and treatment at any hospital under the
jurisdiction of the Department of Mental Hygiene for a period authorized by statute.
DATED:August , 2009
Cooperstown, New York
________________________
Hon. Brian D. Burns
[*3]
To: Christy A. Coe, Esq.
Bruce Maxson, Esq.
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