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EDEN v. JOHNSON

6010 805223/12.

159 A.D.3d 516 (2018)

69 N.Y.S.3d 799

2018 NY Slip Op 01656

BONNIE EDEN, Respondent, v. RUTH C. JOHNSON, M.D., et al., Appellants, et al., Defendants.

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

Decided March 15, 2018.

Plaintiff alleges that decedent's heart attack was caused by defendants' discontinuation of his aspirin regimen. Although the record supports a finding that decedent stopped taking aspirin, there is no basis to conclude that defendants advised him to do so. "Speculation is not a substitute for competent evidence even in an action for wrongful death" (Waters v Mount Sinai School of Medicine-Mount Sinai Hosp., 38 A.D.3d 257, 257 [1st...

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