Gowanda, New York | $6,750,000 | Hospital Malpractice
Luce, a 20-year-old patient at the Gowanda Psychiatric Center attempted to hang himself using the lace from one of his sneakers and, as a result, sustained severe brain damage. Luce had experienced auditory hallucinations and other problems which was the cause for his admission. Although two examining psychiatrists testified he "posed a substantial threat of harm to himself" and that he was a "prime candidate for suicidal ideations and gestures", he was removed from "close supervision" and allowed to be alone for an extended period of time. Luce made a comment that he believed his boots should be taken from him as he "did not want to be blamed for anything." The staff removed his boots but left his sneakers in his possession. Luce attempted to hang himself with one of his sneaker laces. He was found hanging from a window latch in a cyanotic condition.
The Court of Claims Judge, Hon. John P. Lane, found that allowing Luce to keep his sneakers and failing to place him on close observation, "was a breach of the common sense rules intended to protect patients from self-inflicted injury and contrary to the nursing care plan established for the claimant for his protection." Judge Lane found New York State 100% liable for Mr. Luce's injuries. Mr. Ballow was asked by attorney James Moran of Rochester to try this case.
