Practice point: On the motion, the defendant physician must make a prima facie showing that there was no departure from good and accepted medical practice, or that the plaintiff was not injured thereby. If defendant has made such a showing, the burden shifts to plaintiff to submit evidentiary facts or materials to rebut defendant's showing, but only as to those elements on which defendant met the prima facie burden.
Student note: The essential elements of a cause of action to recover damages for
medical malpractice are a deviation or departure from accepted medical
practice, and evidence that such departure was a proximate cause of
injury.
Case: Harris v. Saint Joseph's Med. Ctr., NY Slip Op 04449 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Jury verdict in a bus driver negligence action.
