From Casetext: Smarter Legal Research

Weiss v. Zuckerman

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1985
114 A.D.2d 895 (N.Y. App. Div. 1985)

Opinion

November 12, 1985

Appeal from the Supreme Court, Kings County (Greenstein, J.).


Judgment affirmed, with costs.

In order to establish a prima facie case of medical malpractice, expert testimony is required to establish proximate cause unless the causal relationship is readily apparent to the trier of fact (Lipsius v White, 91 A.D.2d 271). In this case, it is not readily apparent that the alleged damages were caused by the alleged malpractice of defendant. Since a jury may not be permitted to speculate as to the cause of an injury, expert opinion evidence was needed in order for plaintiff to establish a prima facie case (Hirsch v Safian, 257 App. Div. 212). As none was offered, the complaint was properly dismissed. Mangano, J.P., Bracken, O'Connor and Weinstein, JJ., concur.


Summaries of

Weiss v. Zuckerman

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1985
114 A.D.2d 895 (N.Y. App. Div. 1985)
Case details for

Weiss v. Zuckerman

Case Details

Full title:ARTHUR WEISS, Appellant, v. SEYMOUR ZUCKERMAN, Respondent

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

Date published: Nov 12, 1985

Citations

114 A.D.2d 895 (N.Y. App. Div. 1985)

Citing Cases

Prete v. Rafla-Demetrious

The elements of proof in a medical malpractice action are (1) deviation or departure from accepted practice…

NIN v. LIAO

In order to prove these elements, the plaintiff must provide expert testimony, unless "the matter is one…