Practice point: Once a medical malpractice defendant has established the absence of any departure from good and accepted practice, plaintiff must submit a physician's affidavit attesting to such a departure and opining that it was a causal competent in the injury.
Students should note that an expert's affidavit containing bare conclusory assertions is insufficient to defeat summary judgment.
Case: Bacani v. Rosenberg, NY Slip Op 04919 (1st Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
