In order to establish the physician's liability, a plaintiff must prove that the physician deviated or departed from accepted community standards of practice, and that the departure was a proximate cause of the plaintiff's injuries. In seeking summary judgment, the defendant must make a prima facie showing either that there was no departure from the accepted standard of care, or that any departure was not a proximate cause of the plaintiff's injuries. Where the defendant has satisfied that burden, the plaintiff must submit evidentiary facts or materials to rebut the defendant's prima facie showing. Summary judgment is not appropriate where the parties adduce conflicting medical expert opinions.
Agostini v. Varughese, NY Slip Op 00280 (2d Dep't January 20, 2021)
