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BARILA v. COMPREHENSIVE PAIN CARE OF LONG ISLAND

44 A.D.3d 806 (2007)

844 N.Y.S.2d 103

GABRIEL BARILA et al., Appellants, v. COMPREHENSIVE PAIN CARE OF LONG ISLAND et al., Respondents.

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

Decided October 16, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

"To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (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 of the standard was the proximate cause of injury" (Berger v Becker, 272 A...

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