Shectman v. Wilson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*849On a motion for summary judgment dismissing the complaint in a medical malpractice action, a defendant physician has the burden of establishing the absence of any departure from good and accepted medical practice, or, if there was a departure, that the plaintiff was not injured thereby (see Murray v Hirsch, 58 AD3d 701 [2009]; Shahid v New York City Health & Hosps. Corp., 47 AD3d 800, 801 [2008]; see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). In opposition, a plaintiff must submit the affidavit of a physician attesting to a departure from good and accepted practice, and…
2Cases cited19 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Gateway State Bank v. Shangri-La Private Club for Women, Inc.New York Court of Appeals · 1986
- Geffner v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2008
- Mazzaferro v. Barterama Corp.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by25 opinions
- Heller v. WeinBergAppellate Division of the Supreme Court of the State of New York · 2010
- Wall v. Flushing Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Hernandez v. NwaishienyiAppellate Division of the Supreme Court of the State of New York · 2017
- Bongiovanni v. CavagnuoloAppellate Division of the Supreme Court of the State of New York · 2016
- Elstein v. HammerAppellate Division of the Supreme Court of the State of New York · 2021
20 more not listed; retrieve them via the Exa API.