Legal Opinion

Lien Luu v. Paskowski

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

Decided December 23, 2008PublishedCited by 10 opinions

1Opinion of the Court

*857In a medical malpractice action, a plaintiff must prove that there was a deviation or a departure from good and accepted practice and that such departure or deviation was a proximate cause of injury or damage (see Myers v Ferrara, 56 AD3d 78 [2008]). On a motion for summary judgment dismissing the complaint, a defendant physician has the burden of establishing the absence of any departure from good and accepted practice, or, if there was a departure, that the plaintiff was not injured thereby (see Rebozo v Wilen, 41 AD3d 457, 458 [2007]; Thompson v Orner, 36 AD3d 791, 791-792 [2007]; Taylor v…

2Cases cited7 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Rebozo v. WilenAppellate Division of the Supreme Court of the State of New York · 2007
  3. Thompson v. OrnerAppellate Division of the Supreme Court of the State of New York · 2007
  4. Spano v. BertocciAppellate Division of the Supreme Court of the State of New York · 2002
  5. Domaradzki v. Glen Cove Ob/Gyn AssociatesAppellate Division of the Supreme Court of the State of New York · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
  2. Ellis v. EngAppellate Division of the Supreme Court of the State of New York · 2010
  3. Derby v. BitanAppellate Division of the Supreme Court of the State of New York · 2013
  4. Rezvani v. SomnayAppellate Division of the Supreme Court of the State of New York · 2009
  5. Mitchell v. LogranoAppellate Division of the Supreme Court of the State of New York · 2013

5 more not listed; retrieve them via the Exa API.

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