Gross v. Friedman

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum of that court (138 AD2d 571).

We add that the recommendation of the medical malpractice mediation panel (see, Judiciary Law § 148-a [8]) that "there is liability on the part of the defendant” does not establish a prima facie case of medical malpractice. Although such a recommendation is admissible, it remains the fact *723finder’s independent duty to determine, among other things, the accepted standard of medical practice, whether defendant departed from that…