March 12, 2018

Summary judgment in a medical malpractice action.

In an action sounding in medical malpractice, a defendant moving for summary judgment must make a prima facie showing either that there was no departure from accepted medical practice, or that any departure was not a proximate cause of the patient's injuries. Once the defendant has made such a showing, the plaintiff, in opposition, must submit its own evidentiary facts or materials, but only as to those elements on which the defendant met the prima facie burden.

Burger v. Das, NY Slip Op 01449 (2d Dep't March 7, 2018)

Here is the decision;