Practice point: On a summary judgment motion in a malpractice action, defendant has the initial burden of establishing, prima facie, either the absence of a departure from good and accepted medical practice, or that such a departure was not the proximate cause of the alleged injury.
Students should note that, in opposition, plaintiff must submit evidence to rebut the prima facie showing, demonstrating a triable issue of fact.
Case: Brady v. Westchester County Healthcare Corp., NY Slip Op 08886 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Motion practice.
