Opinion
10450 Index 26973/15E
11-26-2019
Charles R. MILIAN, et. al., Plaintiffs–Appellants, v. Douglas H. BAILYN, M.D., et. al., Defendants–Respondents.
Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for Appellants. Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for Respondents.
Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for Appellants.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York (Steven C. Mandell of counsel), for Respondents.
Mazzarelli, J.P., Kapnick, Gesmer, Moulton, JJ.
Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered August 2, 2018, which, to the extent appealed from as limited by the briefs, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff Charles Milan alleges that defendant Douglas H. Bailyn, M.D., was negligent in failing to timely refer him to a urologist and that the delay proximately caused his prostate cancer to worsen and resulted in him having to undergo a radical prostatectomy.
We affirm on the ground that plaintiffs did not raise an issue of fact as to whether Milian's injuries were caused by defendants' alleged negligence. Defendants' expert's affirmation establishes that any delay in diagnosis on defendants' part did not worsen plaintiff Milian's prognosis (cf. Dallas–Stephenson v. Waisman , 39 A.D.3d 303, 307, 833 N.Y.S.2d 89 [1st Dept. 2007] ). The affirmation of plaintiffs' expert is not supported with any scientific data or other medical facts sufficient to rebut defendants' prima facie showing (see Colwin v. Katz , 122 A.D.3d 523, 524, 997 N.Y.S.2d 383 [1st Dept. 2014] ; McCarthy v. St. Joseph's Med. Ctr. , 16 A.D.3d 243, 244, 791 N.Y.S.2d 544 [1st Dept. 2005] ; see also De Jesus v. Mishra , 93 A.D.3d 135, 138, 939 N.Y.S.2d 403 [1st Dept. 2012] ).
We have considered the parties' remaining arguments and find them unavailing.