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POWELL v. KIM

6900, 307030/10.

162 A.D.3d 516 (2018)

78 N.Y.S.3d 348

2018 NY Slip Op 04448

Marilyn Powell, as Administrator of the Estate of Akiah Powell, Deceased, Appellant, v. John Kim, M.D., et al., Respondents.

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

Decided June 14, 2018.

Defendant established prima facie that he did not depart from accepted medical practice by failing to diagnose herpes simple virus (HSV) keratitis in the decedent's right eye, through expert affirmations by an ophthalmologist and two pathologists showing that there was no HSV in the decedent's eye (see Rivera v Greenstein, 79 A.D.3d 564, 568-569 [1st Dept 2010]). The ophthalmologist reviewed the medical records and opined that defendant...

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