PULLMAN v. SILVERMAN

111065/08-14341, 14340, 14339.

125 A.D.3d 562 (2015)

DAVID PULLMAN, Appellant, v. DAVID A. SILVERMAN, M.D., et al., Respondents.

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

Decided February 26, 2015.


A defendant in a medical malpractice action establishes prima facie entitlement to summary judgment when he establishes that in treating plaintiff he did not depart from good and accepted medical practice or that such departure did not proximately cause plaintiff's injuries. Once a defendant doctor meets that burden, plaintiff must rebut by showing with medical evidence that defendant departed from accepted medical practice and that such departure was a proximate cause of...

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