Professional Negligence Law Reporter

Shouldis v. Strange, No. 101141/13 (N.Y. Sup. Ct. Richmond Cnty. Oct. 5, 2018).

Richard Shouldis, 48, consulted family physician Theodore Strange regarding his cholesterol issues. Later that month, Shouldis had a follow-up appointment with Strange, who prescribed Xanax but did not indicate the reason for the prescription in Shouldis’s chart. Within a week, Shouldis called Strange’s office, complaining that he was having trouble sleeping. Shouldis’s wife reported that he was becoming increasingly anxious and depressed. Strange’s office advised Shouldis to take Ambien and called in a prescription for the medication.

Shouldis’s anxiety and depression continued over the next two days. He met with Strange and reported his symptoms, including the inability to sleep and concentrate, panic attacks, and a six-pound weight loss during a one-week period. Strange diagnosed depression with anxiety, prescribed Lexapro, and referred him to a psychiatrist. The next day, Shouldis took his life. He had been an X-ray technician earning $60,000 annually and is survived by his wife and two  teenage children.

Shouldis’s wife, on behalf of his estate, sued Strange and his group, alleging the physician failed to properly assess Shouldis’s suicide risk and refer him for prompt psychiatric help. The plaintiff asserted that Shouldis’s symptoms, particularly their rapid onset, indicated that he was suffering from a major depressive disorder and needed immediate help. Strange’s inquiry regarding whether Shouldis was in danger of hurting himself was insufficient, the plaintiff alleged.

The jury awarded more than $9.97 million, including $5 million to the children.

Plaintiff counsel: Vito Cannavo, New York City.