As reported by the Ithaca Journal, a medical malpractice lawsuit has been filed by the widow of a woman brutally killed by her son, 6 hours after the two had left a medical facility that failed to warn the woman of ideas he had formed regarding homicide - toward family members.
The widow, J.B., filed the medical malpractice suit against the Cayuga Medical Center in Tompkins County Supreme Court.
The lawsuit contends that I.B. was both psychotic and homicidal when he murdered his mother, C.B., on September 23, 2009. The two had entered the hospital approximately 13 hours preceding her death. Two years prior, the same hospital had records of a previous visit, in which I.B. spent a week in the facility due to delusions, hallucinations and impaired judgment. At that time I.B. also illustrated risk factors: suicide or violence, which included thoughts of killing a family member.
Damages are sought to cover her wrongful death, funeral expenses, court costs and attorney fees.
The hospital refused comment on the pending litigation but had released this statement a few days after the 2009 death: "While we cannot discuss specific details of the patient's treatment because of privacy law, we have been authorized to say that the patient, against our advice, decided to leave before his evaluation at Cayuga Medical Center was complete. We very much regret that he made that choice."
I.B. was charged with murder and was later found not responsible due to his mental disease or effect. He has since been committed to a mental health facility. Although his records are sealed, psychiatrists diagnosed him with temporary postictal psychosis - which is a complication from his chronic epilepsy.
On the day of the murder, mother and son went to CMC's Convenient Care facility in Lansing for treatment of I.B.'s hallucinations, nausea, headache, blurred vision and grand mal seizures.
He also reported feeling that "the world is going to end."
Per the suit, C.B. reported to medical personnel that I.B. had not been taking his Tegretol - a medication for epilepsy - and that he had been in a "psych ward" a "few years ago."
The suit alleges that though the facility had I.B.'s records, they failed to share with C.B. - or any family members - that I.B. had homicidal ideation towards them. Instead, they allegedly diagnosed that I.B. currently suffered with psychosis, seizures and an intracranial bleed.
They advised that he be transported to the emergency room for his symptoms. Once there, where staff also knew of I.B.'s mental illness history, they also failed to warn C.B.
An examination showed that I.B. was "depressed about break up with girlfriend also c/o abdominal pain" and wasn't feeling emotionally or physically safe.
The suit claimed that a lethality risk screen should have been performed to learn the severity of I.B.'s condition. Instead, after waiting several more hours, mother and son grew frustrated and went home.
C.B. was found dead a few hours later. I.B. was in the home as well, holding a large wooden cross and saying that God propelled him into action "to get the evil out of the house."
At his hearing I.B. added, "I had demons trying to kill me, I ended up attacking my mother, not knowing it was her."
Loosing a loved one due to any degree of negligence by medical personnel - the exact same people that we expect for help - is grounds for a lawsuit. Click here to contact a medical malpractice attorney for help with your case today.