LOPEZ v. MASTER


58 A.D.3d 425 (2009)

870 N.Y.S.2d 306

ZORAIDA LOPEZ, Respondent, v. MUMTAZ K. MASTER, M.D., et al., Defendants, and RONALD H. McLEAN, M.D., et al., Appellants.

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

January 6, 2009.


As the court correctly found, McLean established prima facie his entitlement to summary judgment by submitting a medical expert's affidavit opining that his treatment of plaintiff comported with good and accepted medical practice and that any delay in surgery was not the proximate cause of plaintiff's postoperative complications. The evidence plaintiff submitted in opposition was insufficient to raise a triable issue of fact. Her expert physician failed to controvert McLean...

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