ROSEN v. JOHN J. FOLEY SKILLED NURSING FACILITY


45 A.D.3d 558 (2007)

846 N.Y.S.2d 208

SARA ROSEN, Appellant, v. JOHN J. FOLEY SKILLED NURSING FACILITY et al., Respondents.

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

Decided November 7, 2007.


Ordered that the order is affirmed, with costs.

To establish a prima facie case of liability in a medical malpractice action, a plaintiff must establish (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of the injury (see Pace v Jakus, 291 A.D.2d 436 [2002]; Berger v Becker, 272...

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