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JACKSON v. MONTEFIORE MEDICAL CENTER

2772, 308957/09.

146 A.D.3d 572 (2017)

2017 NY Slip Op 00274

45 N.Y.S.3d 422

CANDIS JACKSON, Appellant, v. MONTEFIORE MEDICAL CENTER/THE JACK D. WEILER HOSPITAL OF THE ALBERT EINSTEIN COLLEGE OF MEDICINE, Respondent.

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

Decided January 17, 2017.

Defendant made a prima facie showing that it did not depart from the standard of care in placing plaintiff on bedrest in the Trendelenburg position, rather than performing or offering to perform a cerclage (see Frye v Montefiore Med. Ctr., 70 A.D.3d 15, 24 [1st Dept 2009]). In opposition, the evidence plaintiff submitted was speculative and insufficient to raise a triable issue of fact as to whether defendant had departed from the...

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