Legal Opinion
Mignoli v. Oyugi
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2011PublishedCited by 11 opinions
1Opinion of the Court
*444To sustain a cause of action for medical malpractice, a plaintiff must prove a deviation or departure from accepted practice and that such departure was a proximate cause of plaintiffs injury (Frye v Montefiore Med. Ctr., 70 AD3d 15, 24 [2009]). Here, defendants established their entitlement to judgment as a matter of law by submitting evidence, including the decedent’s hospital records, the deposition testimony and the affirmations of various medical experts, including a board certified medical oncologist with a thoracic speciality and a thoracic surgeon, demonstrating that they did not…
2Cases cited2 opinions
- Frye v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2009
- Browder v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by11 opinions
- Polanco v. ReedAppellate Division of the Supreme Court of the State of New York · 2013
- Guido v. FieldingAppellate Division of the Supreme Court of the State of New York · 2020
- Guido v. FieldingAppellate Division of the Supreme Court of the State of New York · 2020
- Bello v. New York City Health & Hosps. Corp.Appellate Division of the Supreme Court of the State of New York · 2024
- DeCintio v. Lawrence HospitalAppellate Division of the Supreme Court of the State of New York · 2016
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