HENRY v. DUNCAN

8334. 805239/15.

169 A.D.3d 421 (2019)

93 N.Y.S.3d 303

2019 NY Slip Op 00960

Marlene Henry, Appellant, v. Karen Duncan et al., Respondents.

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

Decided February 7, 2019.


Plaintiff alleged personal injuries resulting from defendants' negligence in the performance of a pelvic surgery. Defendants established their entitlement to judgment as a matter of law by submitting evidence showing that plaintiff's injury was not a result of a departure from the accepted standard of medical practice, but rather due to a known risk that may occur despite competent surgical care having been provided (see Alvarado v Miles, 32 A.D.3d...

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