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ARMSTRONG v. STATE

214 A.D.2d 812 (1995)

625 N.Y.S.2d 317

Delano C. Armstrong, Appellant, v. State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 13, 1995

Casey, J.

Evidence that a physician, in prescribing medication, deviated from a clear and explicit standard contained in the drug manufacturer's recommendations to the medical profession constitutes prima facie evidence of negligence if there is competent medical evidence that the patient's injury resulted from the physician's failure to adhere to the manufacturer's recommendations (see, Nicolla v...

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