Wicksman v. Nassau County Health Care Corp.
Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Dunne, J.), dated May 17, 2005, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The requisite elements of proof in a medical malpractice action are a deviation or departure from accepted practice and evidence that such departure was a proximate cause of injury or damage (see Anderson v Lamaute, 306 AD2d 232, 233 [2003]; DiMitri v Monsouri, 302 AD2d 420, 421 [2003]; Holbrook v United Hosp. Med. Ctr., 248 AD2d 358, 359 [1998]). The defendant made a prima facie showing of entitlement to summary judgment dismissing the action, inter alia, to recover damages for medical malpractice, based upon the medical records of the decedent, Stuart Wicksman, the deposition testimony of the plaintiff, the plaintiffs daughter, and the defendants’ employee, Dr. Ali S. Karakurum. Moreover, the affidavit of the defendants’ medical expert established that the defendants did not deviate from good and accepted medical practice in the care and treatment of the plaintiffs decedent at the defendants’ “Doctors After Hours Clinic” on September 3, 2000 (see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Holbrook v United Hosp. Med. Ctr.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.