O'Shea v. Buffalo Medical Group, P.C.

Green and Gorski, JJ.

(dissenting). We respectfully dissent, and would affirm. We agree with the majority that the affidavit of Blaze Sekovski, M.D. (defendant) was sufficient to establish that his administration of the stress test to Timothy D. O’Shea (plaintiff) was consistent with the applicable standard of care. Plaintiffs, however, do not dispute that defendant’s administration of the test and interpretation of the result were consistent with the applicable standard of care. Rather, plaintiffs allege that defendant was negligent in making an incorrect diagnosis and giving erroneous advice…