Opinion
# 2021-041-025 Claim No. 135962 Motion No. M-96595
04-22-2021
TIMOTHY EAGAN v. THE STATE OF NEW YORK
NONE HON. LETITIA JAMES New York State Attorney General By: Charles Lim, Esq. Assistant Attorney General
Synopsis
Claim alleging medical malpractice is dismissed for lack of subject matter jurisdiction where claimant's medical/surgical treatment was performed by privately employed surgeon and employees at private hospital.
Case information
| UID: | 2021-041-025 |
| Claimant(s): | TIMOTHY EAGAN |
| Claimant short name: | EAGAN |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 135962 |
| Motion number(s): | M-96595 |
| Cross-motion number(s): | |
| Judge: | FRANK P. MILANO |
| Claimant's attorney: | NONE |
| Defendant's attorney: | HON. LETITIA JAMES New York State Attorney General By: Charles Lim, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | April 22, 2021 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Defendant moves, in lieu of answering, to dismiss this medical malpractice claim for lack of subject matter jurisdiction because the claimant's medical/surgical treatment was performed by a privately employed surgeon at a private hospital.
Claimant has not appeared in opposition to defendant's Motion to Dismiss.
The claim alleges that during claimant's incarceration at Clinton Correctional Facility he "underwent right hip surgery by surgeon Dr. Dragos Macelaru at Alice Hyde Medical Center." The claim further alleges that Dr. Macelaru and unnamed "nurses, interns, residents, technicians, servants who rendered treatment, care and services to the Claimant," at Alice Hyde Medical Center, committed medical malpractice and negligence related to the surgery on claimant.
The Court of Claims is a court of limited jurisdiction, charged with "exclusive jurisdiction over actions for money damages against the State," based upon the acts or omissions of its agencies or employees, where the State is the real party in interest (Monreal v New York State Dept. of Health, 38 AD3d 1118, 1119 [3d Dept 2007]; Woodward v State of New York, 23 AD3d 852, 855-856 [2005], lv dismissed 6 NY3d 807 [2006]; NY Const., Art. VI, § 9; Court of Claims Act § 9).
The defendant's affirmation in support of its dismissal motion asserts, without contradiction, that the "alleged tortious acts in this case were not committed by the State or its employees, officers or agents" but were, rather, committed by attending physicians and employees of a private hospital.
The Court thus lacks subject matter jurisdiction over this claim which seeks relief against a private surgeon/physician and a private hospital (see Morell v Balasubramanian, 70 NY2d 297 [1987]).
The defendant's motion to dismiss the claim is granted. The claim is dismissed.
April 22, 2021
Albany, New York
FRANK P. MILANO
Judge of the Court of Claims
Papers Considered:
1. Notice of Motion to Dismiss, filed January 21, 2021; 2. Affirmation of Charles Lim, dated January 21, 2021, and attached exhibits.