Bray v. Popat

Summary

The Appellate Division, Fourth Department, unanimously affirmed an order denying summary judgment to defendants in a medical malpractice action. The court held that plaintiffs raised triable issues of fact concerning the standard of care and rejected the challenge to the qualifications of plaintiffs' anonymous medical expert.

Holdings

1. Although defendants met their initial burden by establishing that they did not deviate from the accepted standard of care, plaintiffs raised a triable issue of fact on that element, precluding summary judgment.
2. Plaintiffs' expert was sufficiently qualified to render an opinion because the expert was a licensed physician, board certified by the American Board of Surgery, and clinically focused on endocrine surgery, and those specialized skills were sufficiently related to the medical subject matter.

Questions Presented

1. Whether defendants established entitlement to summary judgment by showing that they did not deviate from the accepted standard of care.
2. Whether plaintiffs' expert was qualified to offer an opinion concerning the medical treatment at issue.
3. Whether plaintiffs' expert opinion raised a triable issue of fact sufficient to defeat summary judgment.

Disposition

affirmed