Legal Opinion

Dentes v. Mauser

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 2012PublishedCited by 16 opinions

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

  1. Lolik v. Big v. Supermarkets, Inc.New York Court of Appeals · 1995
  2. Postlethwaite v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Hytko v. HennesseyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Biello v. Albany Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 2008
  5. 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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3Cited by16 opinions

  1. Rossal-Daub v. WalterAppellate Division of the Supreme Court of the State of New York · 2012
  2. Killon v. ParrottaAppellate Division of the Supreme Court of the State of New York · 2012
  3. Mann v. United StatesDistrict Court, N.D. New York · 2018
  4. Skelly-Hand v. LizardiAppellate Division of the Supreme Court of the State of New York · 2013
  5. Peluso v. C.R. Bard, Inc.Appellate Division of the Supreme Court of the State of New York · 2015

11 more not listed; retrieve them via the Exa API.

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