Legal Opinion

Bongiovanni v. Cavagnuolo

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 2016No. 2013-10044PublishedCited by 25 opinions

1Opinion of the Court

OPINION OF THE COURT

Dillon, J.P.

The central question we address on this appeal is whether an expert in one medical or healthcare specialty may proffer an opinion in an action involving a different specialty, if the expert’s opinion is related solely to the issue of proximate cause within the expert’s own specialty and does not address the defendant’s standard of care. We hold that under appropriate circumstances, as here, an objective opinion that is limited to the issue of proximate cause may be rendered by a physician expert and considered by a court in actions involving claims outside of…

2Cases cited46 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  4. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  5. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by25 opinions

  1. Donnelly v. ParikhAppellate Division of the Supreme Court of the State of New York · 2017
  2. Martinez v. Orange Regional Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2022
  3. DeGiorgio v. RacanelliAppellate Division of the Supreme Court of the State of New York · 2016
  4. Kogan v. BizekisAppellate Division of the Supreme Court of the State of New York · 2020
  5. Mehtvin v. RaviAppellate Division of the Supreme Court of the State of New York · 2020

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