3/10

plaintiff kept no treatment records for the decedent. He

provided Valium to the decedent without a prescription. The

plaintiff also withheld vital historical information from the

physicians at Presbyterian Hospital when the decedent was

admitted, which effectively handcuffed their ability to treat the

decedent and prevent the withdrawal symptoms which, when

manifested, required the use of restraints.

     If blame is to be assessed for decedent's death, it is

defendant's position that fault lies with Dr. Ralph Speken. In

that Presbyterian Hospital now runs the risk of financial damage

as a result of being named as a defendant in this lawsuit,

Presbyterian Hospital is entitled to assert a claim for

indemnification and/or contribution against the plaintiffs, based

on Dr. Ralph H. Speken's own malpractice and negligence.

                             FACTS
     Seth Speken, the decedent, was admitted to Presbyterian

Hospital on August 21, 1993, and remained admitted until his

death on August 27, 1993. For approximately two years prior to

this admission, he was treated by Dr. Ralph Speken for

psychiatric and medical problems.

     The exact nature of Dr. Speken's treatment of the decedent

is unclear due to the obstruction of inquiry into this area at

Dr. Speken's deposition and due to Dr. Speken's failure to keep

treatment records. However, the record of Desai's Pharmacy and

Dr. Speken's "control" medication prescription records establish

that, for at least 17 months prior to the decedent's death, Dr.

Click for Next Page
Click for Previous Page
Click for Top of Charge