The elements of a medical malpractice cause of action are a departure from accepted community standards of practice, and that the departure was a proximate cause of the plaintiff's injuries. On a motion for summary judgment, the defendant has the burden of establishing the absence of any departure from good and accepted medical practice or that, if there were a departure, the plaintiff was not injured thereby. If the defendant meets its burden, the plaintiff, in opposition, must submit evidentiary facts or materials to rebut the defendant's prima facie showing, but only as to those elements on which the defendant met the prima facie burden.
Blank v. Adiyody, NY Slip Op 05243 (2d Dep't October 18, 2023)
