Legal Opinion · Dissent

Ramos v. Weber

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

Decided June 3, 2014Published

1DissentSaxe, J.

The majority reverses the motion court and grants summary judgment to defendants in this medical malpractice case. I disagree, perceiving questions of fact regarding whether defendant hand surgeon *410deviated from accepted medical practice based on (1) her selection of pyrocarbon joint implants rather than silicone, and (2) her failure to disclose or discuss with plaintiff information provided to the doctor by a representative of the implant’s manufacturer, who indicated that a person with plaintiffs type of condition might not be a good candidate for pyrocarbon implants based on the degree of…

2Cases cited7 opinions

  1. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
  2. Martin v. HackerNew York Court of Appeals · 1993
  3. Bacani v. RosenbergAppellate Division of the Supreme Court of the State of New York · 2010
  4. Dodes v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1989
  5. Eppel v. FredericksAppellate Division of the Supreme Court of the State of New York · 1994

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