July 15, 2009

Grand Jury Opens Criminal Probe Of NYC Psych Hospital Death

Most of you recall the completely unconscionable mistreatment and June 2008 death of Esmin Green, a patient at the Kings County Hospital Center’s psychiatric emergency room in New York City. She was diagnosed with schizophrenia, involuntarily committed, then was basically left unattended and unexamined for 24 hours and surveillance video, which I won't link to here, showed her tragic death, reportedly from a blood clot. A New York grand jury is now looking into the case and may potentially return criminal charges against nurses and doctors who failed to offer her even the most minimal of care.

While they likely cannot be charged with murder, since the death was not a homicide, they could be charged with criminal negligence and other offenses. In my opinion, they should all lose their medical and nursing licenses as well.

Read the above-linked New York Times article for details of an investigation into the incident and you'll see just how outrageous these doctors and nurses behaved.

Posted by Philip Dawdy at July 15, 2009 12:03 AM
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Society demanded Esmin Green, like all schizophrenics be held for their and "our" (sane people) safety.
That the holding can and does make people crazy or dead is the consequences to the fear of the madness.
What the hospital did not have, was beds for their prisoners. This was the systems fault. Had they beds, perhaps Esmin Green's body might not have formed blood clots, from sitting patiently for about 24 hours.
An other reaction to confinement instead of compliance exhibited by LINKRobert Dziekanski (of upset) in an airport can get someone killed also.

Posted by: mark p.s.2 at July 15, 2009 04:51 AM

Medical Negligence is massively difficult to prove - the Law - sorry, *not* the Law... *Lawyers* are massively deferential to their brother/sister professionals, for some historical reason, I imagine.

It's difficult to see how a complete failure to do anything, at all, could fail to qualify as Criminal Negligence, but I imagine that a lengthy enquiry will find that a janitor should have alerted the staff to the state of the patient. The janitor will then be fired, publicly vilified, tried, condemned and equally publicly executed in Times Square - just to make it absolutely clear that this sort of thing won't be tolerated.

Philip, when one believes that another human being is less than one, then one may treat him/her in as grotesque a manner as one may imagine. It's a shame that Esmin Green had to die, in order to discover that. I've learnt a great deal from Esmin Green's death.

Matt

Posted by: Matthew Holford at July 15, 2009 07:10 AM

Do the three physicians and the nurse still work in their same capacities at Kings County? After all, the hospital's earlier assertion that, "We continue to work to make it a model program grounded in compassion, rehabilitation and recovery-centered care," would require at a minimum the transfer of these employees out of the psychiatric ER.

Posted by: Joe at July 15, 2009 09:59 AM

It's good this is exposed as this sort of thing is the norm in all psych "hospitals." No one should be confined against their will unless convicted of a crime.

Posted by: Sally at July 15, 2009 10:00 AM

When a person is ¨scheduled¨ they are deemed as being incapable of caring for themselves and the responsibility for that care is then legally in the hands of those they are committed to care for. If one is submitted to ¨video-surveillance¨ is this what is known as seclusion? Video-viewing is no substitute for ¨eyeballing¨. It is a bit the same as the situation where the staff view patients through the glass of their office, usually with their backs turned while they discuss their weekend or how many sexual conquests they have chalked up. There is no substitute for actually ¨being there¨ and as close as you can to physical contact. It also send the message that one does actually care. In my experience the ¨insane¨ are far more trustworthy than the sane. All of the ¨insane¨ that I have had contact with are more fearful of me than I of them. This form of remote care is an condoned form of negligence with the excuse that it is staff safety.

As for the idea that they be sent back to general medicine, they probably were moved from there because they were hopeless there. My thoughts, ¨Criminal Negligence¨, De-registration!

Posted by: Mole at July 15, 2009 09:22 PM

Weird how if this had happened at a prison instead of in a "hospital" these folks would be subject to stiffer criminal penalties because prisoners have a right to care when sick but just being held against your will in a psych hospital is considered sufficient care for people with psych labels. What's the biopsych explanation for that?

Posted by: Sally at July 16, 2009 08:08 AM

I'm disgusted by this whole situation, it's barbaric! Thank you for not posting the link to the video, though. In some strange way, seeing that woman die on camera with people stepping over and around her was horribly dehumanizing.

Posted by: WomanofHope at July 18, 2009 04:30 PM

Why does compassion go out the window when it comes to psychiatric care? I've seen some pretty daft things done in the name of psychiatry.

It seems like if you knowingly commit a crime these days you get better health care.

I'm sure her being schizophrenic, and let me guess, lacking in appropriate health coverage caused her not to be seen, until she died.

Posted by: Lee at July 19, 2009 12:38 PM
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