The requisite elements of proof are a deviation or departure from accepted community standards of practice and evidence that the departure was a proximate cause of the plaintiff's injury. On a motion for summary judgment, the defendant-doctor must make a prima facie showing that there was no departure from good and accepted medical practice, or that, if there was, the plaintiff was not injured thereby. In opposition, the plaintiff must submit evidentiary facts or materials to rebut the defendant's prima facie showing, demonstrating that there is a triable issue of fact. General and conclusory allegations of malpractice, unsupported by competent evidence tending to establish the elements of the claim, are insufficient to defeat the motion. In order not to be considered speculative or conclusory, expert opinions in opposition must address specific assertions made by the movant's experts, setting forth an explanation of the reasoning and relying on specifically cited evidence in the record.
Shirley v. Falkovsky, NY Slip Op 04659 (2d Dep't July 20, 2022)
