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LUU v. PASKOWSKI

57 A.D.3d 856 (2008)

871 N.Y.S.2d 227

LIEN LUU et al., Appellants, v. ELIZABETH PASKOWSKI et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

December 23, 2008.

Ordered that the order is affirmed, with costs.

In a medical malpractice action, a plaintiff must prove that there was a deviation or a departure from good and accepted practice and that such departure or deviation was a proximate cause of injury or damage (see Myers v Ferrara, 56 A.D.3d 78 [2008]). On a motion for summary judgment dismissing the complaint, a defendant physician has the burden of establishing the absence...

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