Biondi v. Behrman

I agree with the majority that plaintiff failed to address defendants’ prima facie showing that there was no departure from good and accepted medical practice. I also agree with the majority that the IAS court should have granted the branch of defendants’ motion that sought to dismiss the informed consent cause of action. I disagree with the majority, however, on the issues of whether the IAS court properly granted plaintiff’s motion to amend the bill of particulars and denied defendants’ motion for summary judgment on the medical malpractice claim. Accordingly, because I agree with the IAS…