Claimant, an inmate proceeding pro se, moves for a subpoena duces tecum to
compel the production of his medical records and for a subpoena to compel the
appearance and testimony of Correction Officer Curtis F. Poirier at the trial
of his claim
. Claimant seeks damages for
injuries sustained as the result of the alleged medical malpractice/negligence
of medical personnel employed by the Department of Correctional Services.
Claimant alleges that on March 22, 2005 he experienced pain in his
esophagus/stomach area while in the law library at Great Meadow Correctional
Facility. He requested emergency sick call but when the correction officer at
the law library telephoned the infirmary, the medical staff purportedly refused
to see the claimant on an emergent basis. The claimant additionally alleges
that he was denied medical care and treatment on numerous other occasions and
that the defendant is liable for medical malpractice in failing to properly
diagnose his condition.
By order of this Court dated June 7, 2006 the defendant was required to respond
to the claimant's demand for the name, badge number and title of the correction
officer on duty at the law library at Great Meadow Correctional Facility when
his request for emergency sick call on March 22, 2005 was allegedly denied.
Although the defendant's response has not been provided to the Court, apparently
it was provided to the claimant as he now states in support of this motion that
Correction Officer Curtis F. Poirier was the officer on duty in the law library
at the time he was denied emergency medical treatment. Correction Officer
Poirier's testimony at trial is relevant to the claim and the defendant is
directed to make him available to testify at trial without the necessity for a
It appears that the defendant has provided the claimant with medical records
relevant to this claim in its response to discovery dated March 3, 2006.
Accordingly, the issuance of a subpoena duces tecum is unnecessary.
With respect to the claimant's request for a subpoena for the production of his
mental health records, claimant has failed to establish the relevance of these
records or his inability to obtain the documents without the need for a
subpoena (see Johnson v State of New York
, Ct Cl, June 30, 2006
[Claim Nos. 106601, 106179, 107011, 107138, 106508, 106878, Motion Nos.
M-71826, M-71857, M-71858, M-71859, M-71861, M-71862, UID # 2006-037-013],
In this regard it is noted
that the claim does not allege psychiatric malpractice nor emotional injuries as
the result of the alleged medical malpractice.
This matter has been scheduled for trial on September 12, 2007 at 9:30 a.m. at
Great Meadow Correctional Facility.
Accordingly, the claimant's motion is denied except to the extent of requiring
the defendant to make Correction Officer Curtis F. Poirier available for trial
without the necessity of a subpoena.
June 25, 2007
Springs, New York
HON. FRANCIS T. COLLINS
Judge of the Court of