Nims v. Riley

Summary

The New York Appellate Division, Fourth Department, unanimously affirmed an order denying defendants' motions for summary judgment in a medical malpractice action involving an alleged failure to timely diagnose and treat deep vein thrombosis. The court held that plaintiffs' expert affirmations created a triable issue of fact, presenting a battle of the experts properly left for jury resolution.

Holdings

1. Although defendants met their initial burden concerning the alleged deviations from the accepted standard of medical care, plaintiffs' opposing expert affirmations raised a triable issue of fact; therefore, summary judgment was properly denied.

Questions Presented

1. Whether defendants were entitled to summary judgment in the medical malpractice action after establishing their prima facie entitlement to judgment on the alleged departures from the accepted standard of care.
2. Whether plaintiffs' conflicting expert affirmations raised a triable issue of fact concerning medical negligence and causation.

Disposition

affirmed