Legal Opinion
Wilkins v. Khoury
Appellate Division of the Supreme Court of the State of New York
Decided April 27, 2010PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from an order of the Supreme Court, Nassau County (Martin, J), entered January 9, 2009, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The requisite elements of proof in a medical malpractice action are a deviation or departure from good and accepted medical practice and that such departure was a proximate cause of the plaintiffs injuries (see Rebozo v Wilen, 41 AD3d 457, 458 [2007]). In support of that…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Rebozo v. WilenAppellate Division of the Supreme Court of the State of New York · 2007
- Thompson v. OrnerAppellate Division of the Supreme Court of the State of New York · 2007
- Brocco v. Westchester Radiological Associates, P. C.Appellate Division of the Supreme Court of the State of New York · 1991
- Pierre v. LieberAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by6 opinions
- Swanson v. RajuAppellate Division of the Supreme Court of the State of New York · 2012
- Bezerman v. BailineAppellate Division of the Supreme Court of the State of New York · 2012
- Capobianco v. MarcheseAppellate Division of the Supreme Court of the State of New York · 2015
- Orsi v. HaralabatosAppellate Division of the Supreme Court of the State of New York · 2011
- Parrilla v. BuccellatoAppellate Division of the Supreme Court of the State of New York · 2012
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