Monahan v. Commonwealth of MA Department of Mental Health and New England
Fellowship for Rehabilitation Alternatives, Inc. (C.A. No. 95-00078)
Mr. Monahan, a patient suffering with schizophrenia and alcohol abuse,
was an outpatient living in a residential facility when, on April 22,
1994, he presented at the crisis center as delusional and not having
taken medication for one week. He requested admission to a respite center
but was denied. On his return to his residence, he requested additional
medication which was also denied. He subsequently injured himself. The
plaintiff's expert, Dr. Bursztajn, opined that the patient had a de
facto diminished capacity to communicate suicidal ideation and intent
at the time of the evaluation and that his request for admission for
respite should have been granted.
Settlement: $245,000
Plaintiff's expert: Harold J. Bursztajn,
M.D.
Plaintiff's attorney: Neal J. McNamara, Esq.