An allegedly intoxicated Kevin Kowalski wandered into St. Francis Hospital seeking admission to a detox program. Several hours later, he left the facility without being discharged, and was hit by a car as he tried to cross Route 9 in Poughkeepsie.
When he later sued the hospital and his treating physician for failing to detain him, the Dutchess County Supreme Court refused to grant the defendants' motion to dismiss the case.
But on appeal, the Appellate Division, Second Department, opted to toss the case out, because the Mental Hygiene Law prohibits hospitals from involuntarily confining anyone who checks himself in for alcoholism treatment.
We think it best to confine our commentary.
To view a copy of the Appellate Division's decision, please use this link: Kowalski v. St. Francis Hosp. & Health Ctrs.