Opinion
# 2018-054-025 Claim No. 124958
02-28-2018
K. WATTS v. THE STATE OF NEW YORK
KEVIN WATTS Pro Se HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Christina Calabrese, Assistant Attorney General
Synopsis
Claimant failed to present any competent medical evidence, either from a treating physician or from an expert whose opinion was based upon claimant's medical records, to support claimant's allegations of medical malpractice.
Case information
| UID: | 2018-054-025 |
| Claimant(s): | K. WATTS |
| Claimant short name: | WATTS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | The Court has, sua sponte, amended the caption to reflect the only proper party defendant. |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124958 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | KEVIN WATTS Pro Se |
| Defendant's attorney: | HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York By: Christina Calabrese, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | February 28, 2018 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The trial of this claim was heard on February 27, 2018 via video-conferencing technology.
Claimant testified that on April 1, 2014, during his incarceration at Eastern NY Correctional Facility, he was sent to Albany Medical Center for a liver biopsy. He further testified that thereafter, he suffered severe pain, swelling and vomiting allegedly as a result of a puncture to his bladder which occurred during his liver biopsy. In support of his claim, claimant's medical records were received in evidence (Ex. 1). Claimant did not present any testimony from either a medical professional or an expert.
Defendant did not present any witnesses. However, defendant offered into evidence claimant's consent to the liver biopsy and its associated risks (Ex. A).
At trial, the State moved to dismiss the claim based upon a failure of expert medical proof to establish that medical malpractice was committed and that such medical malpractice was causally related to claimant's injuries and pain and suffering. The State also moved to dismiss the claim based upon a failure of proof to establish that the State should be held liable for any alleged medical malpractice committed outside its correctional facility, at Albany Medical Center, by a doctor who was not established to be acting on behalf of the State.
Analysis
It is well settled that the State owes a duty of ordinary care to provide its charges with adequate medical care (see Mullally v State of New York, 289 AD2d 308 [2d Dept 2001]; Kagan v State of New York, 221 AD2d 7, 8 [2d Dept 1996]). To prove that the State failed in its duty, claimant must establish by a preponderance of the evidence that the State departed from good and accepted standards of care and that such departure was a substantial factor or a proximate cause of the alleged injuries (see Mullally, 289 AD2d 308; Kaminsky v State of New York, 265 AD2d 306 [2d Dept 1999]). Where medical issues are not within the ordinary experience and knowledge of lay persons, expert medical opinion is required to establish that defendant's alleged negligence caused or contributed to claimant's injuries (see Wood v State of New York, 45 AD3d 1198 [3d Dept 2007]). A departure from good and accepted medical practice cannot be inferred from expert testimony; rather the expert must expressly state, with a degree of medical certainty, that defendant's conduct constitutes a deviation from the requisite standard of care (see Stuart v Ellis Hosp., 198 AD2d 559 [3d Dept 1993]; Sohn v Sand, 180 AD2d 789 [2d Dept 1992]). Claimant must also prove that his "injuries proximately resulted from the defendant's departure from the required standard of performance" (Tonetti v Peekskill Community Hosp., 148 AD2d 525 [2d Dept 1989]).
Significantly, claimant failed to present any competent medical evidence, either from a treating physician or from an expert whose opinion was based upon claimant's medical records, to support claimant's allegations of medical malpractice. Claimant's own unsubstantiated assertions are insufficient to meet claimant's burden of proof (see Wells v State of New York, 228 AD2d 581 [2d Dept 1996]; see Davis v State of New York, 151 AD3d 1411 [3d Dept 2017]; Wood, 45 AD3d 1198). Additionally, on the facts presented, the State cannot be held liable for any alleged medical malpractice committed by a doctor outside the state facility who was not shown to be acting on behalf of the State (see Rivers v State of New York, 159 AD2d 788 [3d Dept 1990]; Garofolo v State of New York, 135 AD3d 1108 [3d Dept 2016]).
Accordingly, defendant's motion to dismiss is hereby GRANTED. LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 124958.
February 28, 2018
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims