Klein v. Argoff
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1091“ ‘The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence that such departure was a proximate cause of injury’ ” (Faicco v Golub, 91 AD3d 817, 818 [2012], quoting Roca v Perel, 51 AD3d 757, 758 [2008]). On a motion for summary judgment dismissing a cause of action to recover damages for medical malpractice, “the defendant doctor has the initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby” (Barnett v Fashakin, 85 AD3d 832, 834…
2Cases cited6 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
- Faicco v. GolubAppellate Division of the Supreme Court of the State of New York · 2012
- Barnett v. FashakinAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Garcia v. All Metro Health CareAppellate Division of the Supreme Court of the State of New York · 2013
- Garcia v. All Metro Health CareAppellate Division of the Supreme Court of the State of New York · 2013