ROESER v. ESSIG

10375. 805393/14.

177 A.D.3d 502 (2019)

112 N.Y.S.3d 71

2019 NY Slip Op 08369

Michele Caruso Roeser et al., Appellants, v. Mitchell N. Essig, M.D., et al., Respondents.

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

Decided November 19, 2019.


Essig and Midtown failed to make a prima facie showing that they adhered to good and accepted standards of medical practice when they did not advise plaintiff that her chances of conception by in vitro fertilization (IVF) would increase if she first had corrective surgery for her uterine condition. Their expert did not address uterine didelphys, and Essig's testimony about that condition was inconclusive and did not address the standard of care (see Winegrad v New York...

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