Hernandez v. HochMan

— In an action to recover damages for medical malpractice and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Dollard, J.), dated February 15, 2007, which granted the respective motions of the defendant Melvin C. Hochman, and the defendant New York Hospital Medical Center of Queens for summary judgment dismissing the complaint insofar as asserted against them.

*428Ordered that the order is affirmed, with one bill of costs.

The requisite elements of proof in a medical malpractice action are a deviation or departure from accepted practice and evidence…