Legal Opinion
Caggiano v. Cooling
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012PublishedCited by 12 opinions
1Opinion of the Court
To establish liability for medical malpractice, a plaintiff must prove that the defendant deviated or departed from accepted community standards of practice, and that such departure was a proximate cause of the plaintiffs injuries (see Stukas v Streiter, 83 AD3d 18, 23 [2011]; Heller v Weinberg, 77 AD3d 622 [2010]). On a motion for summary judgment, a defendant has the burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby (see Heller v Weinberg, 77 AD3d at 622-623). In determining a motion for summary…
2Cases cited3 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Heller v. WeinBergAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by12 opinions
- Garrett v. University Associates in Obstetrics & GynecologyAppellate Division of the Supreme Court of the State of New York · 2012
- Aronov v. SoukkaryAppellate Division of the Supreme Court of the State of New York · 2013
- Quiroz v. 176 N. Main, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Feinstein v. Norwegian Christian Home & Health Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Sapienza v. TrombaAppellate Division of the Supreme Court of the State of New York · 2025
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