New York State Court of Claims

New York State Court of Claims

GONZALEZ v. THE STATE OF NEW YORK, #2006-016-063, Claim No. 108549


Synopsis



Case Information

UID:
2006-016-063
Claimant(s):
WILFREDO GONZALEZ
Claimant short name:
GONZALEZ
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108549
Motion number(s):

Cross-motion number(s):

Judge:
Alan C. Marin
Claimant’s attorney:
Wilfredo Gonzalez, Pro se
Defendant’s attorney:
Eliot Spitzer, Attorney GeneralBy: Jean Strickland-Smith, Esq., AAG
Third-party defendant’s attorney:

Signature date:
September 25, 2006
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
This decision follows the trial of the claim of Wilfredo Gonzalez. Mr. Gonzalez’s claim is for “negligence and medical malpractice.” Specifically, he alleges that following an August 25, 2003 surgery on his nose (apparently at Westchester Medical Center), personnel at Mid-Orange Correctional Facility failed to provide him with adequate treatment for pain, and further failed to remove “non-dissolvable” stitches from the surgery in a timely manner.
Claimant testified that the surgery was for sinus problems, i.e., because he had difficulty breathing. He recalled that he had four to six stitches in his nose following the surgery, and that the stitches were not removed for 58 days.
Asked about his condition as of the time of trial, claimant said it was “still bad . . . I still have [the] problem . . . I . . . have no attention for my nose problem.” He added that his voice had changed following the surgery.
* * *
“It is well settled that the State owes a duty to its incarcerated citizens to provide them with adequate medical care.” Kagan v State of New York, 221 AD2d 7, 8, 646 NYS2d 336, 337 (2d Dept 1996). However, in order to prevail in a case such as this, claimant would be required to present expert testimony that there was a deviation from accepted standards of medical care which proximately caused him injury, which claimant failed to do. See, e.g., Lyons v McCauley, 252 AD2d 516, 675 NYS2d 375 (2d Dept 1998), lv denied 92 NY2d 814, 681 NYS2d 475 (1998). For the foregoing reasons, claim no. 108549 is dismissed.
LET JUDGMENT BE ENTERED ACCORDINGLY.

September 25, 2006
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims