JONES v. RICCIARDELLI


40 A.D.3d 935 (2007)

836 N.Y.S.2d 879

LINDA JONES et al., Respondents, v. JOHN J. RICCIARDELLI et al., Appellants, et al., Defendant. (And a Related Action.)

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

Decided May 22, 2007.


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

In order to make a prima facie showing of entitlement to judgment as a matter of law in an action to recover damages for medical malpractice, a defendant hospital or physician must establish through medical records and competent expert affidavits that the defendant did not deviate or depart from accepted medical practice in the defendant's treatment of the plaintiff (see Mendez v City of New...

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