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Kaminsky v. State

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 306 (N.Y. App. Div. 1999)

Opinion

Argued June 25, 1999

October 4, 1999

In a claim, inter alia, to recover damages for wrongful death, the claimant appeals from a judgment of the Court of Claims (Ruderman, J.).


ORDERED that the judgment is affirmed, with costs.

Contrary to the claimant's contention, we find that the evidence adduced at trial supports the court's factual determination that the claimant's decedent. an inmate at Green Haven Correctional Facility, received adequate medical attention and that any failure to diagnose was not a proximate cause of his death ( see, Marchione v. State of New York, 194 A.D.2d 851; Connolly v. Pastore, 203 A.D.2d 412). The claimant demonstrated that the decedent had exhibited the symptoms of Acquired Immune Deficiency Syndrome (hereinafter AIDS). The claimant contends that an earlier diagnosis would have allowed a preventive course of medication against pneumocystis carinii pneumonia (hereinafter PCP), the immediate cause of the decedent's death. This contention was contradicted by the testimony of the defendant's experts to the effect that the abrupt onset of PCP in the decedent, a 57-year-old man suffering, inter alia, from heart disease, hepatitis, cirrhosis of the liver, and diabetes, was not treatable given the amount of time needed for the drug therapy used to combat PCP to take effect.

S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.


Summaries of

Kaminsky v. State

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 306 (N.Y. App. Div. 1999)
Case details for

Kaminsky v. State

Case Details

Full title:SYLVIA KAMINSKY, etc., appellant, v. STATE OF NEW YORK, respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 1999

Citations

265 A.D.2d 306 (N.Y. App. Div. 1999)
696 N.Y.S.2d 205

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