STERNBERG v. RUGOVA

6817, 302925/09.

162 A.D.3d 456 (2018)

78 N.Y.S.3d 325

2018 NY Slip Op 04100

David Sternberg et al., Respondents, v. Elena Rugova et al., Defendants, and M. Mehdi Kazmi et al., Appellants.

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

Decided June 7, 2018.


The Kazmi defendants established prima facie that they did not depart from good and accepted medical practice in failing to diagnose plaintiff David Sternberg (the patient) with a thoracic meningioma, through their expert opinion, based on the symptoms presented, and particularly the absence of complaints of leg weakness or bladder symptoms, that "[t]here was no clinical indication ... to order imaging studies of the thoracic spine to investigate the presence of a thoracic...

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