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BURGOS v. RATEB

64 A.D.3d 530 (2009)

883 N.Y.S.2d 115

ELPIDIA BURGOS, Appellant, v. MAHMOUD SAID HASSAN RATEB et al., Defendants, and AYMAN SHAHIN, Respondent.

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

Decided July 7, 2009.

Ordered that the order dated May 17, 2007, as amended, and the order dated April 2, 2008, are affirmed insofar as appealed from, with one bill of costs.

The requisite elements of proof in a medical malpractice action are a deviation or departure from good and accepted medical practice and evidence that such departure was a proximate cause of the injury (see Rebozo v Wilen, 41 A.D.3d 457, 458 [2007]). The defendant Ayman Shahin...

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