2/10
injuries contributed in some degree to those injuries. Here, the
defendant's "First, Separate and Distinct Affirmative Defense"
addresses itself to the actions of the representative plaintiffs.
Through this affirmative defense, it is claimed that the actions
of those representative plaintiffs contributed to the personal
injuries and ultimately the death of the plaintiffs' decedent.
A Verified Bill of Particulars was served on or about
January 16, 1995 (Exhibit C) and a preliminary conference was
held on January 20, 1995 (see Preliminary Conference Order,
attached as Exhibit D)
Plaintiffs claim that the decedent's death resulted from the
improper use of restraints on the decedent during an admission to
Presbyterian Hospital. Restraints were necessary because the
decedent began to suffer the effects of withdrawal from a class
of psychiatric medications called benzodiazepines. It is
defendant's claim' that decedent became dependent upon
benzodiazepines as a consequence of Dr. Ralph Speken's medical
and psychiatric malpractice, and therefore the use of restraints
would not have been necessary but for Dr. Speken's acts. For a
period of 17 months prior to the decedent's admission to
Presbyterian Hospital, Dr. Ralph H. Speken (a licensed
psychiatrist), regularly provided to, or prescribed for, the
decedent various medications, including benzodiazepines, such
that the decedent became dependent upon benzodiazepines. The
Click
for Top of Charge
Click for Next Page