Legal Opinion
Guillari v. Gormley
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1988PublishedCited by 1 opinion
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: A unanimous recommendation of liability by a medical malpractice panel cannot serve as the sole basis for a jury finding of liability (Dunaway v Staten Is. Hosp., 122 AD2d 775, 776; Comiskey v Arlen, 55 AD2d 304, 311, affd 43 NY2d 696) and cannot serve as a substitute for the expert medical testimony essential to a prima facie case (Gross v Friedman, 138 AD2d 571). There must be some expert medical testimony, by the medical panel member or otherwise, that there was a deviation from accepted medical practice and that the deviation was a…
2Cases cited8 opinions
- McDermott v. Manhattan Eye, Ear & Throat HospitalNew York Court of Appeals · 1964
- Comiskey v. ArlenAppellate Division of the Supreme Court of the State of New York · 1976
- Monahan v. WeichertAppellate Division of the Supreme Court of the State of New York · 1981
- Comiskey v. ArlenNew York Court of Appeals · 1977
- Gross v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by1 opinion
- Sohn v. SandAppellate Division of the Supreme Court of the State of New York · 1992