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Robin BASTIN, Individually and as Limited Administratrix of the Estate of Dennis Bastin, Deceased, Respondent, v. SOLDIERS & SAILORS HOSPITAL, et al., Defendants, Ronald R. Flores, M.D., and Harold S. Ross, M.D., Appellants.
Supreme Court properly denied the motion of Ronald R. Flores, M.D. and Harold S. Ross, M.D. (defendants) for summary judgment dismissing the complaint in this medical malpractice action. Defendants failed to meet their initial burden by their conclusory statements that their treatment of plaintiff's decedent did not deviate from accepted standards of care (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642). Contrary to defendants' contention, plaintiff alleged that defendants deviated from accepted standards of practice in their respective fields of medicine, and did not allege that they failed to exercise the degree of skill and care of specialists in psychiatry or neurology. Finally, even assuming, arguendo, that defendants met their initial burden, we conclude that the affirmation of plaintiff's expert raised a triable issue of fact whether defendants' alleged negligence was a proximate cause of decedent's death (see generally, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315, 434 N.Y.S.2d 166, 414 N.E.2d 666, rearg. denied 52 N.Y.2d 784, 436 N.Y.S.2d 622, 417 N.E.2d 1010).
Order unanimously affirmed without costs.
MEMORANDUM:
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Decided: February 10, 1999
Court: Supreme Court, Appellate Division, Fourth Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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