Kosinski v. Wladis

Summary

The Appellate Division, Third Department reversed an order granting defendants summary judgment in a medical malpractice action arising from treatment of the plaintiff's orbital and eyelid injuries. The court held that defendants met their initial burden, but plaintiffs raised a material issue of fact through a detailed expert affirmation addressing the applicable standard of care, alleged departures, and causation. The matter was remitted to Supreme Court for further proceedings.

Holdings

1. Defendants met their prima facie burden by submitting a sufficiently detailed and nonconclusory expert affirmation stating that Wladis complied with the standard of care and that any alleged deviation did not cause plaintiff's injuries.
2. Plaintiffs raised a material issue of fact by submitting an expert affirmation that identified the applicable standard of care, explained specific departures by Wladis, and connected those departures to Kosinski's injuries and need for further treatment.
3. The locality rule should not be invoked where a medical expert proposes to testify about minimum standards applicable throughout the United States.

Questions Presented

1. Whether defendants established entitlement to summary judgment in a medical malpractice action by submitting expert evidence that Wladis complied with the applicable standard of care and did not cause plaintiff's injuries.
2. Whether plaintiffs raised a material issue of fact through an opposing expert affirmation addressing the alleged deviations and proximate causation.
3. Whether Supreme Court properly discounted plaintiffs' expert opinion because the expert practiced medicine outside New York.
4. Whether Supreme Court improperly resolved competing expert opinions and made credibility determinations on summary judgment.

Disposition

reversed_and_remanded