Fourth Department – Psychiatric malpractice: Bumbolo v. Faxton St. Luke’s Healthcare, et al.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Psychiatric malpractice

Convicted of murder – Not responsible by mental disease – Motion to dismiss

Bumbolo v. Faxton St. Luke’s Healthcare, et al.

CA 20-00793

Appealed from Supreme Court, Oneida County

Background: The plaintiff commenced a negligence and medical malpractice action seeking compensatory damages arising from the psychiatric treatment he received. The plaintiff alleges that, while in the grip of mental illness, he was apprehended and arrested by the police for threatening and assaulting members of his family and for abusing and killing a dog. He further alleges that, despite police request to be notified when he was released from psychiatric care, the defendants did not. Upon his discharge, he killed three members of his family whom he had previously threatened. The defendants appealed from the denial of their motion to dismiss.

Ruling: The Appellate Division affirmed. The court held that the plaintiff’s plea of not responsible by reason of mental disease or defect demonstrates that, at the time of his conduct constituting a serious violation of the law, the plaintiff lacked substantial capacity to know or appreciate either the nature and consequences of his conduct or that such conduct was wrong. His illegal conduct was not knowing, willful, intentional, or otherwise sufficiently culpable to warrant application of the doctrine that a plaintiff be barred from taking advantage of his own wrong.

Timothy S. Brennan, of Phelan, Phelan & Danek, for the defendant-appellant; Michael S. Allen for the plaintiff-respondent.