From Casetext: Smarter Legal Research

Jackson v. Presbyterian Hospital

Appellate Division of the Supreme Court of New York, First Department
May 16, 1996
227 A.D.2d 236 (N.Y. App. Div. 1996)

Opinion

May 16, 1996

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).


Viewing the evidence in a light most favorable to plaintiffs and giving them the benefit of every favorable inference, we agree with the trial court that by no rational process could the jury have found in their favor ( see, Naughton v. Arden Hill Hosp., 215 A.D.2d 810, 812; see also, Harding v. Noble Taxi Corp., 182 A.D.2d 365, 369). To establish a prima facie case of medical malpractice, plaintiffs were required to show that defendant doctors deviated from accepted medical standards and that such departure was a proximate cause of the injury or damage ( Bloom v. City of New York, 202 A.D.2d 465; Harding v. Noble Taxi Corp., supra, at 370). This plaintiffs failed to do. We have considered plaintiffs' other contentions and find them to be without merit.

Concur — Murphy, P.J., Milonas, Ellerin, Ross and Mazzarelli, JJ.


Summaries of

Jackson v. Presbyterian Hospital

Appellate Division of the Supreme Court of New York, First Department
May 16, 1996
227 A.D.2d 236 (N.Y. App. Div. 1996)
Case details for

Jackson v. Presbyterian Hospital

Case Details

Full title:LIONEL S. JACKSON et al., Appellants, v. PRESBYTERIAN HOSPITAL IN THE CITY…

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

Date published: May 16, 1996

Citations

227 A.D.2d 236 (N.Y. App. Div. 1996)
642 N.Y.S.2d 524

Citing Cases

Charell v. Gonzalez

        While there may be a public debate as to the merits of certain practices of non-conventional…

Charell v. Gonzalez

While there may be a public debate as to the merits of certain practices of nonconventional physicians there…