Legal Opinion
Monroy v. Glavas
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2008PublishedCited by 11 opinions
1Opinion of the Court
*632To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove that the appellant deviated from accepted practice, and that such deviation proximately caused her injuries (see Lovett v Interfaith Med. Ctr., 52 AD3d 578, 579 [2008]). Here, the evidence was legally sufficient to support the juiy’s finding that the appellant deviated from accepted medical practice in various respects, and that such deviations proximately caused the plaintiffs injuries (id.).
Moreover, the jury’s findings were based on a fair interpretation of the evidence, and thus were not…
2Cases cited3 opinions
- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Lovett v. Interfaith Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Sam v. ZelmanAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by11 opinions
- Ferreira v. Wyckoff Heights Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Saccone v. GrossAppellate Division of the Supreme Court of the State of New York · 2011
- Gaspard v. AronoffAppellate Division of the Supreme Court of the State of New York · 2017
- Marmo v. TerraccianoAppellate Division of the Supreme Court of the State of New York · 2017
- Giammarino v. CarloAppellate Division of the Supreme Court of the State of New York · 2016
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