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PEREZ v. 139 MED. FACILITY, P.C.

11050.

180 A.D.3d 526 (2020)

115 N.Y.S.3d 890

2020 NY Slip Op 01126

Tania Ventura Perez, as Administrator of the Estate of Ramona Antonia Perez, Deceased, Appellant, v. 139 Medical Facility, P.C., et al., Respondents, et al., Defendants.

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

Decided February 18, 2020.

Defendants made a prima facie showing that they did not depart from accepted medical practice by failing to perform diagnostic scans based on decedent's presenting symptoms. In opposition, plaintiff's expert raised an issue of fact (see Diaz v New York Downtown Hosp., 99 N.Y.2d 542, 544 [2002]).

Plaintiff's expert asserted that defendants' failure to order a diagnostic work-up...

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