Brault v. Kenmore Mercy Hospital

Judgment unanimously affirmed without costs. Memorandum: On appeal from a judgment for defendants in his medical malpractice action, plaintiff contends that the court erred in permitting defendant Liu’s expert to express an opinion based upon irrelevant facts not in evidence; that the verdict was against the weight of the evidence; and that the court erred in instructing the jury that defendants could not be liable for a mere error in judgment. We find that none of plaintiffs contentions has merit.

The court did not err in allowing Dr. Day to express an opinion concerning the quality of care…