MINEO v. TAEFI (2001)

 Supreme Court properly denied defendant's motion for summary judgment dismissing the complaint in this medical malpractice action.   We agree with plaintiff that defendant's motion papers fail to address her allegation that defendant failed to diagnose postpartum “retained products of conception” and to treat that condition, and thus defendant failed to meet his initial burden of establishing his entitlement to judgment as a matter of law (see generally, Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).   Even assuming, arguendo, that defendant met his initial burden, we conclude that plaintiff raised an issue of fact whether she complained of bleeding, cramps and fever on her first follow-up appointment with defendant.   In addition, plaintiff's expert raised an issue of fact whether defendant departed from acceptable standards of medical care by failing to diagnose, treat or make a record of plaintiff's complaints (see, Bennett v. Knipfing, 262 A.D.2d 260, 692 N.Y.S.2d 403).

Order unanimously affirmed with costs.

MEMORANDUM: