Practice point: On a motion for summary judgment in a medical malpractice action, defendant must establish the absence of any departure from good and accepted medical practice, or that plaintiff was not injured thereby.
Practitioners should note that, in opposition, plaintiff must submit a physician's affidavit attesting to defendant's departure from accepted practice, and that the departure was a competent producing cause of the injury. Conclusory allegations which are unsupported by competent evidence are insufficient to defeat summary judgment.
Case: Flanagan v. Catskill Regional Medical Center, NY Slip Op 06161 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Appellate practice.
