CRUZ v. NEW YORK CITY HEALTH & HOSPS. CORP.

6225/04. Appeal No. 12478. Case No. 2019-03329.

188 A.D.3d 592 (2020)

137 N.Y.S.3d 2

2020 NY Slip Op 06946

Santos Cruz, Respondent, v. New York City Health and Hospitals Corporation et al., Appellants.

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

Decided November 24, 2020.


In this action, plaintiff alleges that due to defendants' negligence in diagnosing a skull fracture during an emergency room visit on October 27, 2002, he sustained permanent and disabling neurological damage. Defendants' motion for summary judgment should have been granted. The affirmation of defendants' expert was sufficient to establish prima facie that defendants did not deviate from accepted medical practice by not ordering a CT scan, and plaintiff's expert's affirmation...

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