Velonis v. Vitale
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*658To establish a prima facie case of liability in a medical malpractice action, the plaintiff must prove that the defendant deviated from accepted practice, and that such deviation proximately caused his or her injuries (see Manuka v Crenshaw, 43 AD3d 886, 887 [2007]; Salmeri v Beth Israel Med. Ctr.-Kings Highway Div., 39 AD3d 841 [2007]). Here, the evidence was legally sufficient to support the jury’s findings that the defendant Michael Guy Vitale did not depart from good and accepted standards of medical practice in various respects (see Cohen v Hallmark Cards, 45 NY2d 493, 499 [1978];…
2Cases cited9 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
- Liriano v. Hobart Corp.New York Court of Appeals · 1998
- Sadowski v. Long Island R.R. Co.New York Court of Appeals · 1944
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3Cited by9 opinions
- Morales v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Grasso v. Nassau CountyAppellate Division of the Supreme Court of the State of New York · 2020
- Semo v. McMahonAppellate Division of the Supreme Court of the State of New York · 2015
- Yanyak v. RosenmanAppellate Division of the Supreme Court of the State of New York · 2015
- Meneses v. RiggsAppellate Division of the Supreme Court of the State of New York · 2016
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