Lenox Hill Hospital treated Kevin Herlihy for alcohol related injuries three different times. A month after his third visit, he had a seizure which caused him to fall and suffer permanent brain damage.
After a medical malpractice suit--which claimed he should have been involuntary committed--was filed against the hospital, the New York County Supreme Court dismissed the case.
Since addiction to alcohol isn't currently recognized as a mental illness, and Herlihy couldn't be committed on that basis, the Appellate Division, First Department, agreed with the outcome. It thought that it was "speculative" to assume that, by not providing Herlihy with the claimed treatment, the hospital had caused him harm.
Sobering thoughts.
To view a copy of the Appellate Division's decision, please use this link: Lawlor v. Lenox Hill Hosp.