Taylor v. Nyack Hospital
| Citation | 2005 NY Slip Op 03838,18 A.D.3d 537,795 N.Y.S.2d 317 |
| Decision Date | 09 May 2005 |
| Docket Number | 2004-01424. |
| Parties | LORETTA TAYLOR et al., Respondents, v. NYACK HOSPITAL et al., Defendants, and BERTRAM DROGA, Appellant. |
| Court | New York Supreme Court Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
This action was commenced against, among others, Bertram Droga, in which it was alleged that Dr. Droga improperly performed a hysterectomy on the plaintiff Loretta Taylor (hereinafter the plaintiff) to treat a prolapsed bladder, which ultimately caused various complications, including a prolapsed fallopian tube. The Supreme Court dismissed the cause of action based on lack of informed consent, but denied those branches of Dr. Droga's motion which were for summary judgment dismissing the malpractice and derivative causes of action. We affirm the order insofar as appealed from.
In a medical malpractice action, the party moving for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law by showing the absence of a triable issue of fact as to whether the defendant physician was negligent (see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). A plaintiff cannot rebut a defendant's showing that he was not negligent by offering expert testimony that makes "[g]eneral allegations of medical malpractice, merely conclusory in nature and unsupported by competent evidence tending to establish the essential elements of the claim" (Holbrook v United Hosp. Med. Ctr., 248 AD2d 358, 359 [1998]). The two essential elements of a medical malpractice claim are "(1) a deviation or departure from accepted practice, and (2) evidence that such departure was a proximate cause of injury or damage" (Amsler v Verrilli, 119 AD2d 786 [1986]).
Dr. Droga established his prima facie entitlement to summary judgment based on the plaintiff's medical records and an expert's affidavit, which concluded that his treatment of the plaintiff did not deviate from accepted medical practice. However, the expert affidavit submitted by...
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Glicksman v. Rosenzweig, 2009 NY Slip Op 31698(U) (N.Y. Sup. Ct. 7/13/2009), 11770/07
...absence of a triable issue of fact as to whether the defendant physician [and/or hospital were] negligent." (Taylor v. Nyack Hospital, 18 A.D.3d 537, 795 N.Y.S.2d 317 [2d Dept, 2005] citing Alvarez v. Prospect Hosp., supra). Thus, a moving defendant doctor and/or hospital has `"the initial ......
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Henderson v. North Shore University Hospital, 2007 NY Slip Op 34271(U) (N.Y. Sup. Ct. 12/17/2007)
...absence of a triable issue of fact as to whether the defendant physician [and/or hospital] were negligent." (Taylor v. Nyack Hosp., 18 A.D.3d 537, 795 N.Y.S.2d 317 (2d Dept., 2005) citing Alvarez v. Prospect Hosp., supra). Thus, a moving defendant doctor or hospital has "the initial burden ......
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Lorraine v. Forba Holdings, LLC (In re Small Smiles Litig.)
...using the dental X rays of another child to obtain plaintiff's consent for medically unnecessary treatment (see Taylor v. Nyack Hosp., 18 A.D.3d 537, 538, 795 N.Y.S.2d 317 ; Ayoung v. Epstein, 177 A.D.2d 460, 460, 576 N.Y.S.2d 556 ).Lastly, in light of our determination with respect to the ......
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Kadanoff v. Whitlow
...performing an unnecessary procedure on the plaintiff (see Moyer v. Roy, 152 A.D.3d 1188, 1190, 57 N.Y.S.3d 867 ; Taylor v. Nyack Hosp., 18 A.D.3d 537, 538, 795 N.Y.S.2d 317 ; Vega v. Mount Sinai–NYU Med. Ctr. & Health Sys., 13 A.D.3d 62, 63, 786 N.Y.S.2d 23 ; Dunlop v. Sivaraman, 272 A.D.2d......