Coffey v. Mansouri

Summary

The Appellate Division, Second Department, reversed an order denying summary judgment to the defendants in a medical malpractice action. The court held that the defendants established prima facie entitlement to judgment through expert evidence and that the plaintiff's opposing expert affidavit was conclusory and speculative because it did not identify the alternative vessel or provide competent support for the alleged departures from the standard of care.

Holdings

1. The defendants established prima facie entitlement to judgment as a matter of law by submitting their vascular-surgery expert's affirmation opining that the care and treatment rendered by Plainview Hospital, Mansouri, and Noorollah did not deviate from accepted medical standards.
2. Coffey failed to raise a triable issue of fact because her expert's opinions were conclusory and speculative, failed to identify which alternative vessel should have been used or where the bypass should have been performed, and lacked competent evidentiary support for the claimed failure to verify postoperative perfusion.

Questions Presented

1. Whether the defendants established prima facie entitlement to summary judgment in the medical malpractice action.
2. Whether Coffey's opposing expert affidavit raised a triable issue of fact regarding departure from the accepted standard of medical care.

Disposition

reversed