Practice point: The physician-defendant's bare allegations which do not refute the specific
factual allegations in the bill of particulars
are insufficient to establish entitlement to judgment as a matter of
law.
Student note: A physician moving for summary judgment dismissing a complaint
alleging medical malpractice must establish, prima facie, either that
there was no deviation or departure or that any alleged deviation or
departure was not a proximate cause of the plaintiff's injuries.
Case: Reiss v. Sayegh, NY Slip Op 08619 (2d Dept. 2014)
Here is the decision.
Tomorrow's issue: A claim for common-law negligence.
