When Glasser first treated Salazar on October 13, 2015, Salazar was not experiencing chest pain, shortness of breath, or other medical problems, aside from his diabetes, and, according to Glasser, was in "pretty good shape for a 75-year-old man." Gonzalez v. United States, 612 F. Supp. 3d 336, 341 (S.D.N.Y. 2020) (internal quotation marks and citation omitted). Indeed, Gonzalez testified at trial that, up until the summer of 2016, Salazar "ran two to three miles several times a week, went to the gym, danced, socialized, traveled, and had an intimate relationship with her."
accord Arkin v. Gittleson, 32 F.3d 658, 664 (2d Cir. 1994); Gonzalez v. United States, 612 F.Supp.3d 336, 345 (S.D.N.Y. Mar. 31, 2020), aff'd, No. 21-548-cv, 2023 WL 5437562 (2d Cir. Aug. 24, 2023). The plaintiff bears the burden of proving those elements by a preponderance of the evidence.
Expert testimony is necessary to establish proximate cause, except as to matters within the ordinary experience and knowledge of laymen. Gonzalez v. United States, 612 F.Supp.3d 336, 345 (S.D.N.Y. 2020), aff'd, 80 F.4th 183 (2d Cir. 2023). Ms. Lucenti did not offer expert testimony linking her “flu”-like symptoms to her renal cell carcinoma.
In a medical malpractice case, proximate cause requires proof that the defendant's deviation from the standard of care was a substantial factor in bringing about the injury. Gonzalez v. United States, 612 F.Supp.3d 336, 346 (S.D.N.Y. 2020), aff'd, 80 F.4th 183 (2d Cir. 2023), and aff'd, 80 F.4th 183 (2d Cir. 2023) (citing D.Y. v. Catskill Reg'l Med. Ctr., 156 A.D.3d 1003, 66 N.Y.S.3d 368, 371 (3d Dep't 2017)). “Where, as here, the plaintiff alleges that the defendant negligently delayed in diagnosing and treating a condition, proximate cause may be predicated on the theory that the defendant diminished the patient's chance of a better outcome or increased the injury.” D.Y., N.Y.S.3d at 371.
"In order to establish proximate causation, a plaintiff must demonstrate that the defendant's deviation from the standard of care was 'a substantial factor in bringing about the injury.'" Gonzalez v. United States, 612 F.Supp.3d 336, 345-46 (S.D.N.Y. 2020), aff'd, 80 F.4th 183 (2d Cir. 2023) (citation omitted). "[P]roximate cause . . . is ordinarily a question of fact for a jury."
Although Dr. Holloway is not alleged to have been present when Mr. Johnson's condition worsened, because Plaintiff alleges a delayed diagnosis caused Mr. Johnson's death, she has adequately pled a causal relationship between Dr. Holloway's alleged medical malpractice and Mr. Johnson's death. See Gonzalez v. United States, 612 F.Supp.3d 336, 346 (S.D.N.Y. 2020) (“[W]here the plaintiff alleges that the defendant deviated from acceptable medical practice by negligently delaying in diagnosing a condition, proximate cause may be predicated on the theory that the defendant diminished [the patient's] chance of a better outcome or increased the injury.