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CG&P Secures Dismissal of High Exposure Medical Malpractice Claim

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CG&P Secures Dismissal of High Exposure Medical Malpractice Claim

In another appellate victory, CG&P has obtained the dismissal of a high-exposure medical malpractice claim against a nurse practitioner. The plaintiff alleged that CG&P’s client failed to diagnose and advise her of conditions that led to the development in her of a gynecological cancer known as choriocarcinoma. CG&P moved for summary judgment on behalf of the nurse practitioner, arguing that she did not depart from good and accepted medical practices in treating the plaintiff. Although the plaintiff retained an expert who opined that the nurse practitioner did depart from good and accepted practices, CG&P argued that the expert’s opinions were conclusory and speculative, and the Appellate Division, Second Department, agreed. In a decision which clarifies New York’s expert disclosure rules, the Appellate Division reversed the lower court and dismissed the complaint against CG&P’s client. The case was handled by CG&P attorney Wayne Spaeth.

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