KOSS v. BACH

2977, 22218/00.

74 A.D.3d 472 (2010)

903 N.Y.S.2d 24

FREYA KOSS et al., Respondents, v. HADLEY BACH, D.D.S., Appellant.

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

Decided June 8, 2010.


Plaintiffs' claim of dental malpractice is primarily predicated on the theory that defendant deviated from accepted standards of care by employing an amalgam that contained mercury, resulting in the patient suffering mercury poisoning, rather than using a premixed, precapsulated amalgam filling. Even assuming defendant met his initial burden of establishing, prima facie, that he did not deviate from accepted standards of dental...

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