Gray v. Gonzalez

Judgment, Supreme Court, New York County (Ira Gammerman, J., and a jury), entered May 30, 2000, in a wrongful death and medical malpractice action involving non-conventional treatment for cancer, inter alia, apportioning culpable conduct 49% against defendant physician and 51% against plaintiff’s decedent, unanimously affirmed, with costs.

The standard duty of care in a medical malpractice action is the same for all physicians in this State regardless of whether they practice conventional or non-conventional therapies (see, Matter of Gonzalez v New York State Dept. of Health, 232 AD2d 886,…