Dentes v. Mauser
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
*1144To establish wrongful death by medical malpractice, plaintiff was required to prove, through expert testimony, “that there was a deviation from accepted standards of medical care and that such deviation was the proximate cause of the [death]” (Hytko v Hennessey, 62 AD3d 1081, 1084 [2009]). Allegations of malpractice that are “based on speculation or unsupported by competent evidence” are insufficient to establish a prima facie case (Chase v Cayuga Med. Ctr. at Ithaca, 2 AD3d 990, 991 [2003]). A verdict should be set aside as against the weight of the evidence when “ ‘the evidence so…
2Cases cited11 opinions
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- Postlethwaite v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Hytko v. HennesseyAppellate Division of the Supreme Court of the State of New York · 2009
- Biello v. Albany Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2008
- Caruso v. Northeast Emergency Medical Associates, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
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- Skelly-Hand v. LizardiAppellate Division of the Supreme Court of the State of New York · 2013
- Peluso v. C.R. Bard, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
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