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TUORTO v. JADALI

62 A.D.3d 784 (2009)

878 N.Y.S.2d 457

WILLIAM TUORTO et al., Respondents, v. DARYOUSH JADALI et al., Defendants, and MARY J. SPINELLI, Appellant.

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

Decided May 12, 2009.

Ordered that the order is affirmed, with costs.

The requisite elements of proof in a medical malpractice action are a deviation or departure from good and accepted medical practice and that such departure was a proximate cause of the plaintiff's injuries (see Rebozo v Wilen, 41 A.D.3d 457, 458 [2007]). The defendant Mary J. Spinelli, an obstetrician/gynecologist (hereinafter OB/GYN), met her prima facie burden of establishing...

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