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.