New York State Court of Claims

New York State Court of Claims

McCARTHY v. THE STATE OF NEW YORK, #2009-045-030, Claim No. 113700, Motion Nos. M-76394, CM-76695


Synopsis



Case Information

UID:
2009-045-030
Claimant(s):
JAMES McCARTHY, as Executor of the Estate of SUSAN McCARTHY, deceased and JAMES McCARTHY, individually
Claimant short name:
McCARTHY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113700
Motion number(s):
M-76394
Cross-motion number(s):
CM-76695
Judge:
GINA M. LOPEZ-SUMMA
Claimant’s attorney:
Pegalis & Erickson, LLCBy: Rhonda L. Meyer, Esq.
Defendant’s attorney:
Hon. Andrew M. Cuomo, Attorney GeneralBy: Alisa R. Lebensohn, AAG
Third-party defendant’s attorney:

Signature date:
November 17, 2009
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Pursuant to this Court’s prior Decision and Order filed November 4, 2009, defendant produced a copy of the relevant Patient Safety Net (PSN) report for an in camera review by the Court. Briefly, the underlying wrongful death action sounds in medical malpractice and concerns the allegedly negligent medical care and treatment rendered to decedent at the Stony Brook University Hospital during a course of treatment beginning on June 7, 2006 and continuing through July 31, 2006. Claimant contends, inter alia, that the negligent medical treatment led to an infection which caused decedent’s death on July 31, 2006.

“Pursuant to Education Law § 6527 (3), certain documents generated in connection with the ‘performance of a medical or quality assurance review function,’ or which are ‘required by the department of health pursuant to’ Public Health Law § 2805-l, are generally not discoverable” (Fray v Fulton Commons Care Ctr., Inc., 51 AD3d 968, 969 [2d Dept 2008]; see also Ross v Northern Westchester Hosp. Assn., 43 AD3d 1135 [2d Dept 2007]).

The Court has conducted the in camera review and has determined that the PSN report in this matter was prepared in accordance with the relevant statutes (Ross v Northern Westchester Hosp. Assn., 43 AD3d 1135, 1136 [2d Dept 2007]; Marte v Brooklyn Hosp. Ctr., 9 AD3d 41, 46 [2d Dept 2004]) and is therefore not discoverable.

Consequently, defendant is not required to provide a copy of the PSN report to claimant.

November 17, 2009
Hauppauge, New York

HON. GINA M. LOPEZ-SUMMA
Judge of the Court of Claims