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LINN v. NEW YORK CITY HEALTH AND HOSPS. CORP.

Index No. 800017/11. Appeal No. 12012. Case No. 2019-2711.

187 A.D.3d 471 (2020)

130 N.Y.S.3d 293

2020 NY Slip Op 05582

Kenneth Linn et al., Appellants, v. New York City Health and Hospitals Corporation, Respondent, et al., Defendants.

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

Decided October 8, 2020.

Defendant established prima facie that it did not depart from good and accepted medical practice in allegedly failing to diagnose and treat a recurrent MRSA infection that plaintiff Kenneth Linn contracted after undergoing orthopedic hip surgery at its hospital (see Otero v Faierman, 128 A.D.3d 499 [1st Dept 2015]). Defendant's evidence, which included an infectious diseases expert's opinion, demonstrated that while under defendant...

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