The failure to investigate a condition that would have led to the incidental discovery of an unindicated condition does not constitute malpractice. In addition, a plaintiff cannot defeat the defendant's prima facie entitlement to summary judgment by introducing a new theory of liability.
Rotante v. New York Presbyt. Hospital- N.Y. Weill Cornell Med. Ctr., NY Slip Op 06457 (1st Dep't September 10, 2019)
Here is the decision.
