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POL v. OUR LADY OF MERCY MEDICAL CENTER

51 A.D.3d 430 (2008)

857 N.Y.S.2d 102

JAVIER POL, Appellant, v. OUR LADY OF MERCY MEDICAL CENTER et al., Defendants, and KAMRAN TABADDOR, M.D., Respondent.

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

Decided May 1, 2008.

Viewing the evidence in the light most favorable to plaintiff and affording him the benefit of every favorable inference, there is no competent, nonspeculative expert evidence that defendant, who was the assistant surgeon and played no direct role in plaintiff's care, committed any departures from accepted medical practice or could have prevented the alleged departures committed by the lead surgeon, with whom plaintiff has settled...

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