CLARK v. STATE


99 A.D.2d 616 (1984)

Patricia Clark, Appellant, v. State of New York, Respondent. (Claim No. 62962.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 26, 1984


The issue to be resolved on this appeal is whether the State may be held liable for injuries sustained by claimant resulting from an attack with a knife by one John Lynch, then an out-patient at the Capital District Psychiatric Center (CDPC), a State-operated facility. The general rule is that, under such circumstances, the State may not be held liable for errors in medical judgment by psychiatrists in the employ of the State if such judgment, even though erroneous, is exercised...

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