August 28, 2008

Medical malpractice.

Practice point: The required elements of proof in a medical malpractice action are (1) a deviation or departure from good and accepted standards of medical practice, and (2) evidence that the departure was a proximate cause of plaintiff’s injury.

Case: Elias v. Bash, NY Slip Op 06587 (2d Dept. 2008)

The opinion is here.