Armstrong v. State

Appeal from a judgment in favor of the State, entered December 16, 1993, upon a decision of the Court of Claims (Orlando, J.H.O.).

Evidence that a physician, in prescribing medication, deviated from a clear and explicit standard contained in the drug manufacturer’s recommendations to the medical profession constitutes prima facie evidence of negligence if there is competent medical evidence that the patient’s injury resulted from the physician’s failure to adhere to the manufacturer’s *813recommendations (see, Nicolla v Fasulo, 161 AD2d 966, 968; Paul v Boschenstein, 105 AD2d 248, 249). Assuming…