Practice point: The physician-defendant must establish, prima facie, either that there was no departure from the accepted community standards of practice, or that, if there were]such a departure, it was not a proximate cause of the plaintiff's injuries. On this showing, the burden shifts to the plaintiff to rebut the defendant's prima facie showing with evidentiary facts or materials that demonstrate the existence of a triable issue of fact.
Salgado v. North Shore Univ. Hosp., NY Slip Op 08967 (2d Dep't December 26, 2018)
Here is the decision.
