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WIESENTHAL v. WEINBERG

17 A.D.3d 270 (2005)

793 N.Y.S.2d 422

MARGERY WIESENTHAL et al., Appellants, v. HUBERT WEINBERG, M.D., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 26, 2005.

Failure to rebut medical evidence demonstrating conformity with accepted medical practice was fatal to the cause of action for malpractice (see Pan v Coburn, 95 A.D.2d 670 [1983]). Dr. Weinberg's implant of a silicone gel prosthesis into plaintiff Margery Wiesenthal's breast, allegedly against her express wishes, was correctly deemed a cause of action for battery, which was dismissed as...

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