Berger v. Becker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice and lack of informed consent, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Rudolph, J.), dated May 24, 1999, which, upon the granting of the defendant’s motion for judgment in his favor as a matter of law made at the close of the plaintiff’s case, is in favor of the defendant and against him dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the…
2Cases cited13 opinions
- Hylick v. HalweilAppellate Division of the Supreme Court of the State of New York · 1985
- Gross v. FriedmanNew York Court of Appeals · 1988
- Gibson v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1983
- Gross v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1988
- Evans v. HolleranAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by30 opinions
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- Sampson v. ContilloAppellate Division of the Supreme Court of the State of New York · 2008
- Elliot v. Long Island Home, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
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