Zapata v. State of New York

In Zapata v. State of New York, Ct Cl, April 20, 2000, Lane, J., Claim No. None, Motion No. M-60903 [UID No. 2000-012-506] the Honorable John P. Lane was presented with a proposed claim alleging both negligence and medical malpractice arising from a correctional facility's prescription of medication to an inmate. The inmate made complaints of physical side effects for almost two months after receiving the medication, but was advised by medical personnel that there was no concern. Ultimately, the inmate was transferred to a local hospital and advised that he had been prescribed the wrong medicine. The late filing application was supported by medical records but no expert's affirmation. Judge Lane found that although "there is no question that expert testimony at trial will be required in order to establish claimant's cause of action...", the lack of an expert's affidavit was not fatal to that claimant's application in view of the entire record which included the State's failure to dispute the underlying allegations and admission of notice, the relatively short delay, and the complete lack of prejudice. (Zapata, p 5).