Patient's Name: Victoria D. Gaines, Medical Record #93002

Date of Admission: June 27, 1996

This is a Summary of Complaints about my treatment while involuntarily committed to Putnam Hospital Center (PHC) 6/27/96 to 7/25/96. While at PHC, I was primarily under the care of Dr. Robert A. Moran, but I also met with Drs. Duffy and Gordon. It is my contention that PHC; the three aforementioned doctors; Drs. Chiman I. Patel and Rakech Kumar Singh, emergency room doctors employed by PHC; Joginder Ailawadhi, Esq. of the Mental Hygiene Legal Service; and Putnam County Supreme Court Justice, the Honorable John W. Sweeny, Jr. conspired to violate my New York State Patients' Rights and U.S. Constitutional and Civil Rights.

LIST OF PATIENT WITNESSES: Confidential.

COMPLAINT SUMMARY:

TEMPERATURE CONTROL IN PHC PSYCHIATRIC WARD. My bedroom was 55 degrees or colder for the majority of the time. The psychiatric ward was often cold and uncomfortable.
Witnesses/Evidence: Engineers including Ken. Other patients, including Bonnie, a roommate; Courtney (was in room I previously had); Diana O.; the elderly patient, John; the Asian patient, Chang(?); D.; George O. Staff and staff's group notes. My notes.

PHC'S POSSIBLE UNDERSTAFFING. Generally neglectful care, especially for patients with special needs, such as multiple sclerosis, Alzheimer's and handicaps (i.e., deaf). Limited ethnic and gender diversity reflected in staffing and treatment programs. I was often reprimanded for bringing up race issues.
Witnesses/Evidence: Other patients, including the deaf patient, John D.; Linda L., a patient who claimed her Italian-American boyfriend called her a "white nigger"; Diana O. (helped Frank, an Alzheimer's patient); John A. and D., minority patients; John E., a patient I suggested should work on racism based on persistent statements he made about John A. and minorities in general. (I was later told by Joe G., maybe Tammy, too, that he had used the word "nigger".); and S.

SPECIAL COMPLAINTS AGAINST DOCTOR ROBERT A. MORAN. I consider Dr. Robert A. Moran's treatment as especially egotistical, arrogant, unethical and abusive of power. I perceived his manner as patronizing, contemptuous, disdainful, mocking and deliberately emotionally manipulative. Dr. Moran, often baited me into conversations he knew would upset me (e.g., how could I imagine I would win in court) and deliberately upset me the day before my court appearance by proposing a different psychiatric drug. I told him often that he was putting me under undue stress by refusing to respect me and to listen to my version of the circumstances leading to my hospitalization. I begged him to be compassionate and assign me to a different doctor. I begged him to be professional: report and find out the facts, don't rely on assumptions and ignorance. But he refused to respond to my requests. Eventually, through lies and manipulation of the inadequate system of checks and balances, Dr. Moran forced his treatment on me--including psychiatric drugs--causing me needless suffering, pain, and loss of dignity.

VIOLATIONS OF NEW YORK STATE PATIENT'S RIGHTS.

#2. Discrimination. Based on race, gender and socioeconomic class (including source of payment). Race, gender, and financial issues were involved in the circumstances leading to my being hospitalized and were also involved in my continued hospitalization, yet PHC refused to hear my version of the circumstances which led to my hospitalization. PHC's diagnosis and treatment were discriminatory towards my gender, race and individuality: I had every right to express anger at coercion, prejudice and second-class treatment.

Witnesses/Evidence: Other patients. PHC medical records. PHC Staff nurse, Joan, I believe is the staff member I showed and told about the bruises my boyfriend left on my arm to keep me from leaving. I told and/or showed the bruises to at least one other staff member (probably the person who did my EKG and/or the one who took my blood). My notes.

#3 Received neglectful, inconsiderate and disrespectful care. I was daily harassed by PHC staff in intrusive attempts to force me to comply with PHC's treatment (including psychiatric drugs) in total disregard of my blunt and adamant statements regarding my right to refuse treatment. At a most vulnerable time in my life, I was subjected to extreme and intentional infliction of emotional distress--by experts. PHC refused to hear me.

Witnesses/Evidence: Other patients. PHC medical records. My notes.

#6. Could not refuse treatment. My refusal to: cooperate in PHC's groups; be compliant in taking psychiatric medications; adhere to PHC's 1/2 hour-in room, 1/2 hour-out-of-room treatment plan; etc., were reported as evidence of non-compliance, lack of cooperation and mental illness, rather than as attempts to exercise this legal right.

Witnesses/Evidence: Other patients. PHC medical records. My notes.

#8. Did not receive complete information about my diagnosis, treatment and prognosis. See Item #9 below.

Witnesses/Evidence: PHC medical records. My notes.

#9. Did not receive all the information I needed to give informed consent of treatment. PHC deliberately withheld information from me (e.g., allegations made by my boyfriend, mother, and PHC staff) that I required to make informed consent. I became aware of allegations made against me only through official documents or proceedings: court papers, the limited court testimony I managed to sit through, and PHC medical records which I requested after discharge.

Witnesses/Evidence: PHC medical records. My notes.

#11. Was not told the effect refusing treatment might have on my health I believe this is because PHC knew there was no convincing evidence to support its extreme treatment.

#14.Could not participate in all decisions about my treatment. Dr. Robert A. Moran would not even listen to my request for a different doctor--one I respected and I felt respected me--until I cited this right. And he still never respected this right. PHC allowed me very limited participation in decisions in my treatment, all related to the lowering of psychiatric medications PHC prescribed.

Witnesses/Evidence: PHC medical records. My notes. Exhibits.

#15.Was not allowed to view my medical records from my one prior hospitalization. Dr. Moran would not allow me to see records, which PHC had on site, from my one previous hospitalization.

Witnesses/Evidence: Staff nurse Julia Possibly other patients since incident occurred at nurses' station.

#17.Complained about my care and services and was retaliated against. On 7/3/96, Dr. Robert Moran lured me from my room with pretensions of continuing our conversation about what I considered effective treatment for me. As I approached the nurses' station, I saw security guards. I passed Dr. Moran and the security guards to approach a staff phone. As I raised my fist (to strike the counter which was in front of me. All staff was behind me or far away on the other side of the counter.) to (emphatically) demand PHC call my legal advisor, I was physically restrained and administered psychiatric drugs against my will. It is my belief that this is the event that Dr. Moran misrepresented in court and medical records as evidence that I was a threat to him and others at PHC. I claim I was assaulted and battered in retaliation for my constant complaining about treatment and having views contrary to those of Dr. Moran. I was in constant fear of being administered psychiatric drugs against my will. Courtney was regularly treated in the same manner.

Witnesses/Evidence: I was too focused on reaching the phone to notice patient witnesses. Because this incident occurred at the nurses' station, several patients must have witnessed it. Interview staff members, Gary and possibly Desiree and Brad about my fear. PHC medical records. My notes. Witnesses include Linda L., Courtney, Diana O., Diana Z. and possibly other patients.

Discrimination. I claim equal rights to dignity and self-determination as an African-American radical woman, and a metaphysical non-conformist individual.

Freedom of Speech and Religion. I claim the right to talk and move fast and to express my non-conformist views. I claim the right to express anger when mistreated and to have spiritual values which I can express in speech and behavior. I claim the right to speak truths as I see them. PHC denied me this right to freedom of speech and religion by: conveniently putting me on a room restriction treatment plan; judging expressions of my spirituality and my values as signs of mental illness, etc.

Denied Right to Privacy and the Right to be Different (and to be left alone). I claim the ability and right to control my destiny, to be different, to be a non-conformist. Through involuntary commitment and coercive, harassing treatment PHC denied me my privacy, dignity, personality, body, and natural power. PHC's psychiatric drugs invaded my privacy--my brain--altering my mind, consciousness, body and behavior. After being overmedicated on 7/5, I could barely lift one foot in front of the other.

Denied Freedom from Search and Seizure. I claim the right to be secure in my person. PHC forced psychiatric drugs on me which made me: anxious; pace; slur my speech, at times; unable to work on any task for an extended period of time (i.e., one hour); unable to think too far ahead; unable to connect one thought to the next; etc. I could not read--a favorite pastime of mine. I was barely able to drive. Never in need of psychiatric drugs, I was grossly overmedicated, even after discharge.

Deprived of Life and Liberty/Denied Due Process/Falsely Imprisoned. From the first day of my hospitalization PHC deliberately denied me information including the alleged evidence of my threatening behavior. Therefore, from the fourth day until discharge I consider myself falsely imprisoned and subjected to extreme emotional and physical distress. I was not notified until July 3rd (the day my uncle, Henry McCoy, visited) that PHC planned to take me to court to administer psychiatric drugs against my will. Knowing PHC had no true evidence to prove I was a threat to myself or others, I continually attempted to communicate the facts to PHC's doctors--as I slowly learned of their misconceptions. I went out of my way to avoid abuse of the courts. I claim the legal checks and balances are grossly inadequate for true due process.

Denied Right to Information/To Confront Witnesses/Etc.PHC was never timely or candid with me about allegations against me or its intentions. Dr. Moran, Dr. Duffy and Dr. Gordon refused to tell me what evidence PHC had against me to prove I was a physical threat to myself or others. Dr. Moran advised my boyfriend to not discuss anything with me beyond compliance with PHC's treatment. I had no idea what my boyfriend had alleged I had done or what he had admitted to doing. Dr. Moran would not meet with my boyfriend and me unless I complied with the administering of psychiatric drugs first. Our discussion about this meeting took place at the nurse's station so other patients might have been witnesses.

Subjected to Cruel Treatment and Intentional Infliction of Emotional Distress PHC was intentionally cruel, and manipulative in refusing to discuss vital, relevant information with me (e.g., how I scraped my right hand, bruises on my arm, circumstances of my hospitalization, its intent, etc.). Daily PHC cruelly and arrogantly forced its assumptions on me, as information, rudely ignoring or deliberately misinterpreting my protestations. Daily PHC forced compliance with its treatment plan--in complete disregard for considerate and humane treatment, my individuality, and my legal rights to informed consent and to refuse treatment. PHC negligently and falsely imprisoned me; needlessly prolonged my imprisonment by denying me access to vital information necessary to make sound decisions and denied me appropriate treatment by not confronting my boyfriend about the bruises he put on my arm and his role in my hospitalization. In court, Dr. Moran deliberately inflicted additional emotional distress when he unethically made false and outrageous allegations to attain the authorization to administer psychiatric drugs against my will.

Defamed (Libelously and Slanderously) in hospital records and court testimony (7/11). PHC's hospital reports and Dr. Moran's court testimony are outrageous lies and deliberate gross misrepresentations of the truth.

Signature/Date:
Print Name/Relationship to Patient: Victoria D. Gaines/Self

Address: ________________________

Telephone: ______________________

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PUTNAM HOSPITAL CENTER PATIENTS' BILL OF RIGHTS

As a patient in a hospital in New York State, you have the right, consistent with law, to:

1. Understand and use these rights. If for any reason you do not understand or you need help, the hospital MUST provide assistance, including an interpreter.

2. Receive treatment without discrimination as to race, color, religion, sex, national origin, disability, sexual orientation, or source of payment.

3. Receive considerate and respectful care in a clean and safe environment free of unnecessary restraints.

4. Receive emergency care if you need it.

5. Be informed of the name and position of the doctor who will be in charge of your care while in the hospital.

6. Know the names, positions and functions of any hospital staff involved in your care arid refuse their treatment, examination or observation.

7. A no smoking room.

8. Receive complete information about your diagnosis, treatment and prognosis.

9. Receive all the information that you need to give informed consent for any proposed procedure or treatment. This information shall include the possible risks and benefits of the procedure or treatment.

10. Receive all the information you need to give an informed consent for an order not to resuscitate. You also have the right to designate an individual to give this consent for you if you are too ill to do so. If you would like additional information, please ask for a copy of the pamphlet "Do Not Resuscitate Orders - A Guide For Patients arid Families."

11. Refuse treatment and be told what effect this may have on your health.

12. Refuse to take part in research. In deciding whether or not to participate, you have the right to a full explanation.

13. Privacy while in the hospital and confidentiality of all information and records regarding your case.

14. Participate in all decisions about your treatment and discharge from the hospital. The hospital must provide you with a written discharge plan and written description of how you can appeal your discharge.

15. Review your medical record without charge and obtain a copy of your medical record for which the hospital can charge a reasonable fee. You cannot be denied a copy solely because you cannot afford to pay.

16. Receive an itemized bill and explanation of all charges.

17. Complain without fear of reprisals about the care and services you are receiving and to have the hospital respond to you and if you request it, a written response. If you are not satisfied with the hospital's response, you can complain to the New York State Health Department. The hospital must provide you with the Health Department telephone number.

(Putnam Hospital Center has a Patient Advocate for the benefit of its patients. You can reach the Patient Advocate at Ext. 411.)

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