TERRY SMITH CLAIMANT RESPONDENT v. STATE OF NEW YORK DEFENDANT APPELLANT CLAIM NO 122242 (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously reversed without costs and the claim is dismissed.

Memorandum: Claimant commenced this action seeking damages for injuries he sustained as a result of the alleged lack of proper medical treatment at certain correctional facilities where he was incarcerated. The Court of Claims determined, after a trial, inter alia, that defendant was liable for medical negligence based on the correctional facilities’ failure to arrange for appropriate diagnosis and treatment of claimant. The court awarded claimant monetary damages for his pain and suffering, plus interest and filing fees. We reverse.

We agree with defendant that the court should have dismissed the claim based upon claimant's failure to present any expert medical evidence. Inasmuch as claimant's allegations of medical negligence “substantially related to medical diagnosis and treatment,” the cause of action they “give[ ] rise to is by definition one for medical malpractice rather than for simple negligence” (Talley v State of New York, 175 AD3d 1078, 1079 [4th Dept 2019] [internal quotation marks omitted]; see McDonald v State of New York, 13 AD3d 1199, 1200 [4th Dept 2004]). Furthermore, an allegation that the lack of medical treatment resulted in injury is an allegation concerning the medical consequences of the lack of treatment that is not “ ‘within the ordinary experience and knowledge of laypersons’ ” (McDonald, 13 AD3d at 1200; see Sachs v State of New York, 143 AD3d 1291, 1291 [4th Dept 2016], lv denied 28 NY3d 914 [2017]). Expert medical opinion evidence was therefore required (see Abascal v State of New York, 93 AD3d 1216, 1217 [4th Dept 2012], lv denied 19 NY3d 805 [2012]; McDonald, 13 AD3d at 1200).

Entered: October 2, 2026

Ann Dillon Flynn

Clerk of the Court