January 9, 1968 - $100,00 Sought in Hospital Death
As published in the Buffalo Courier-Express:
Negligence Charged
$100,000 SOUGHT IN HOSPITAL DEATH
A $100,000 negligence suit against New York State involving a woman who claims her son was beaten to death while a mental patient at Buffalo State Hospital was heard in the Buffalo District Court of Claims Monday.
Judge Ronald E Coleman reserved decision in the case, after attorneys for Mrs. Magdalena Frischholz, 81, of 45 Weber Ave., presented testimony charging that Howard Heusinger, her son by an earlier marriage, was murdered by another inmate Aug 28, 1964.
The claim against the state alleges negligence on the part of hospital authorities for allowing Heusinger to be placed near the other patient, and "permitting" him to be "assauted, beaten and murderer."
Patient Escaped
Hospital authorities reported Monday that the patient with Heusinger at the time of his death, escaped from the hospital Nov. 11, 1966. They said his records showed no cases of assault during the more than two years following the incident.
However, hospital records introduced at the trial Monday indicated the patient had attacked other inmates prior to the death of Heusinger, and in one case showed he had beaten another man with a broom handle.
Heusinger's death certificate shows the cause of death to have been "severe contusions of the face and head," and brain hemorrhages, and a funeral director testified Monday that the body was "in a mutilated condition" when he was called to the hospital.
At the time of Heusinger's death, a homicide investigation was reported to have been conducted, but the now-escaped patient was never indicted.
Motion Denied
Other records at the trial indicated the escapee had "become disturbed" several hours before Hewusinger died, and that the two patients had been fighting just before Heusinger's body was found.
Judge Coleman denied a motion for dismissal by Ralph W Jackson Jr,. assistant attorney general in charge of claims and litigations in the Buffalo District.
His motion for dismissal pointed out that no proof of negligence was presented. He said it had not been proved that the doctors caring for Heusinger were incompetent of that the attendants did not perform their duties.
Heusinger had entered Buffalo State Hospital at the age of 17, and remained there for 22 years until his death.
Negligence Charged
$100,000 SOUGHT IN HOSPITAL DEATH
A $100,000 negligence suit against New York State involving a woman who claims her son was beaten to death while a mental patient at Buffalo State Hospital was heard in the Buffalo District Court of Claims Monday.
Judge Ronald E Coleman reserved decision in the case, after attorneys for Mrs. Magdalena Frischholz, 81, of 45 Weber Ave., presented testimony charging that Howard Heusinger, her son by an earlier marriage, was murdered by another inmate Aug 28, 1964.
The claim against the state alleges negligence on the part of hospital authorities for allowing Heusinger to be placed near the other patient, and "permitting" him to be "assauted, beaten and murderer."
Patient Escaped
Hospital authorities reported Monday that the patient with Heusinger at the time of his death, escaped from the hospital Nov. 11, 1966. They said his records showed no cases of assault during the more than two years following the incident.
However, hospital records introduced at the trial Monday indicated the patient had attacked other inmates prior to the death of Heusinger, and in one case showed he had beaten another man with a broom handle.
Heusinger's death certificate shows the cause of death to have been "severe contusions of the face and head," and brain hemorrhages, and a funeral director testified Monday that the body was "in a mutilated condition" when he was called to the hospital.
At the time of Heusinger's death, a homicide investigation was reported to have been conducted, but the now-escaped patient was never indicted.
Motion Denied
Other records at the trial indicated the escapee had "become disturbed" several hours before Hewusinger died, and that the two patients had been fighting just before Heusinger's body was found.
Judge Coleman denied a motion for dismissal by Ralph W Jackson Jr,. assistant attorney general in charge of claims and litigations in the Buffalo District.
His motion for dismissal pointed out that no proof of negligence was presented. He said it had not been proved that the doctors caring for Heusinger were incompetent of that the attendants did not perform their duties.
Heusinger had entered Buffalo State Hospital at the age of 17, and remained there for 22 years until his death.
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