The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence that the departure was a proximate cause of injury. On a motion for summary judgment dismissing the complaint, the defendant has the initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby. Expert affirmations that do not address the essential factual allegations in the complaint or bill of particulars do not establish prima facie entitlement to judgment as a matter of law.
Delia v. Wieder, NY Slip Op 01604 (2d Dep't March 19, 2025)
