New York Law Watch
Medical Malpractice: 2026 decisions
Claims involving medical treatment and professional standards of care are filed here, including decisions on expert proof, causation and informed consent.
For Medical Malpractice, 2026 decisions, Law Watch lists 29 indexable decisions dated July 24, 2026 to November 12, 2026 across 11 decision weeks.
32 decision records: 29 meet the substance floor; 3 records are held from search listings.
Week ending November 14, 2026
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- Shahid v New York Columbia-Presbyt. Hosp. Irving Med. Ctr.2026 NY Slip Op 06586
The dismissal of the medical malpractice complaint was affirmed because the plaintiff was not an authorized representative of the decedent’s estate and lacked the capacity to sue pro se. The court determined that only a personal representative with letters of administration could maintain the wrongful death and personal injury claims.
Week ending November 7, 2026
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- I.M. v Hospital for Special Surgery2026 NY Slip Op 06525
The Appellate Division reversed the lower court’s denial of summary judgment, granting the defendants’ motions and dismissing the complaint because the plaintiff failed to present admissible evidence of a triable issue of fact. The court found that the plaintiff’s expert lacked the requisite specialty to opine on the specific care provided, and the plaintiff’s theories were either not properly pled or unsupported by the record.
- Sibrizzi v Strickland2026 NY Slip Op 06477
The court affirmed the dismissal of the medical malpractice complaint because the plaintiff’s expert opinion lacked probative value and failed to raise a triable issue of fact. Additionally, the court directed a show cause proceeding regarding sanctions against the plaintiff’s counsel for misrepresenting citations in their brief.
- Levy v Jurak2026 NY Slip Op 06426
The Appellate Division affirmed the lower court’s grant of summary judgment dismissing the medical malpractice claim against the defendants. The court found that the defendants met their prima facie burden by showing no departure from the standard of care, while the plaintiffs failed to raise a triable issue of fact because their expert’s opinion was speculative and conclusory.
Week ending October 31, 2026
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- Williams v New York City Health & Hosps. Corp.2026 NY Slip Op 06348
The court affirmed the summary judgment dismissing the complaint against the defendant because the defendant established that its actions did not deviate from accepted medical standards. The plaintiffs failed to raise a triable issue of fact by not submitting an expert affirmation in opposition.
- M. M. v Andriotis2026 NY Slip Op 06291
A resident physician acting under the supervision of an attending physician is not liable for medical malpractice if the supervising doctor’s directions did not greatly deviate from normal practice. The court affirmed summary judgment because the defendant demonstrated she was acting under supervision and the plaintiffs failed to raise a triable issue of fact regarding her independent liability.
- Shiwprasad v New York City Health & Hosps. Corp.2026 NY Slip Op 06267
The court affirmed the denial of summary judgment, finding that the plaintiff’s expert testimony created triable issues of fact regarding the standard of care and causation. The court held that the absence of a certificate of compliance for the expert’s affirmation was not a fatal defect.
Week ending October 24, 2026
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- Weiss v Salgado2026 NY Slip Op 06231
The Appellate Division reversed the lower court’s denial of summary judgment, dismissing the complaint because the defendants met their prima facie burden of showing the treatment met the standard of care and the plaintiff failed to raise a triable issue of fact. The plaintiff’s expert opinions were deemed unsupported or contradicted by the medical records regarding the use of intravenous lines and monitoring procedures.
- Conde-Rosado v Young Don Oh2026 NY Slip Op 06091
The court affirmed the summary judgment dismissing the medical malpractice claim but reversed the dismissal of the lack of informed consent claim. The defendants failed to establish their prima facie entitlement to judgment on informed consent because the plaintiff’s testimony contradicted the expert’s assertion that risks were discussed.
Week ending October 17, 2026
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- Malone v Spaliviero2026 NY Slip Op 05948
The Appellate Division reversed the lower court’s order granting the plaintiffs’ motion to dismiss the defendant’s statute of limitations defense. The court held that the plaintiffs failed to establish the defense was without merit and improperly introduced new evidence in their reply affirmation.
Week ending October 10, 2026
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- Gittler v Pinsky2026 NY Slip Op 05771
The Appellate Division reversed summary judgment for the anesthesiologist and his group because their expert relied on disputed facts and offered opinions outside their specialization. Conversely, the court affirmed summary judgment for the hospital because its expert established that an earlier diagnosis would not have changed the patient’s prognosis or outcome.
- Manewan v Huerta2026 NY Slip Op 05732
The Appellate Division affirmed the denial of summary judgment, finding that the plaintiff’s expert was qualified to opine on the defendant surgeon’s handling of a biopsy and pathology report. The expert’s identification of specific departures from accepted medical practice, including the failure to communicate clinical presentation to the pathologist, raised triable issues of fact.
Week ending October 3, 2026
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- Smith v State of New York2026 NY Slip Op 05653
The Court of Claims’ judgment was reversed and the claim dismissed because the claimant failed to present expert medical evidence. The court determined that the alleged medical negligence was by definition a medical malpractice claim rather than simple negligence, requiring expert opinion.
- Harrison v Gabbaizadeh2026 NY Slip Op 05520
The court affirmed the summary judgment dismissing the medical malpractice claims because the defendants established they did not depart from the accepted standard of care. The plaintiffs’ expert affirmation was deemed conclusory and speculative, failing to raise a triable issue of fact.
- Estevez v New York City Health & Hosps. Corp.2026 NY Slip Op 05470
The court affirmed the denial of summary judgment because the plaintiff’s expert testimony created triable issues of fact regarding whether timely therapeutic Heparin administration would have altered the decedent’s clinical course. The expert successfully rebutted the defendant’s arguments by explaining the immediate physiological effects of Heparin and ruling out alternative causes of death.
Week ending September 26, 2026
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- I.M. v City of New York2026 NY Slip Op 05371
The court affirmed the denial of summary judgment for the City and Empress Ambulance Service, finding that issues of fact remained regarding whether the EMTs owed a special duty and whether their actions were discretionary or ministerial under REMAC protocols. The court modified the lower court’s order to dismiss the cause of action for negligent hiring, training, and retention against the City due to the plaintiffs’ failure to oppose that specific branch of the motion.
Week ending September 19, 2026
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- Ford v Montclair Care Ctr., Inc.2026 NY Slip Op 05284
The Appellate Division reversed the lower court’s denial of a motion to dismiss, granting the defendants’ motion under CPLR 3211(a). The court held that the defendants were immune from liability under the Emergency or Disaster Treatment Protection Act because they provided health care services in good faith in response to the COVID-19 outbreak.
- Estate of Vivien Boninti, etc., appellant, v South Shore Rehabilitation, LLC, etc., respondent, et al., defendants.2026 NY Slip Op 05281
The Appellate Division reversed the lower court’s dismissal of the plaintiff’s claims, holding that the defendant failed to conclusively establish that the conditions for immunity under the Emergency or Disaster Treatment Protection Act were satisfied. The court determined that the defendant’s submissions, which lacked evidence regarding the specific treatment of the decedent, were insufficient to warrant dismissal on the law.
Week ending September 5, 2026
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- Tenezaca v New York City Health & Hosps. Corp.2026 NY Slip Op 05208
The Appellate Division reversed the lower court’s denial of the plaintiff’s motion to deem a late notice of claim timely served, finding that the medical records provided the defendant with actual knowledge of the essential facts constituting the claim. Consequently, the dismissal of the complaint for failure to serve a timely notice of claim was also reversed.
- Scopinich v Brookhaven Mem. Hosp. Med. Ctr., Inc.2026 NY Slip Op 05204
The court reversed the lower court’s denial of summary judgment, granting dismissal of the medical malpractice, wrongful death, negligence, and Public Health Law § 2801-d claims against the defendant. The defendant met its prima facie burden by showing no departure from accepted practice or regulatory violations, while the plaintiff’s expert testimony was deemed conclusory and insufficient to raise a triable issue of fact.
- O’Connor v Long Is. Jewish Med. Ctr.2026 NY Slip Op 05190
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a summary judgment order, finding that the plaintiff failed to demonstrate a potentially meritorious opposition. The court determined that the plaintiff did not submit a non-conclusory expert opinion that specifically addressed the defense expert’s assertions regarding the standard of care for fall prevention.
- Newman v Eshghi2026 NY Slip Op 05188
The court dismissed the appeal regarding evidentiary rulings as not appealable and granted leave to appeal the statute of limitations ruling, deeming it an application for leave to appeal. The court affirmed the lower court’s denial of the motion in limine, holding that it was an inappropriate substitute for a motion for summary judgment without a showing of newly discovered evidence.
- Matter of Caceres v NYC Health & Hosps.2026 NY Slip Op 05182
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the petitioners established a reasonable excuse for the delay due to the infant’s medical condition and that the public corporation was not prejudiced. The proposed notice of claim was deemed served nunc pro tunc.
- Mohamad v Csompo2026 NY Slip Op 05178
The Appellate Division reversed the lower court’s grant of summary judgment because the defendants’ expert failed to address conflicting evidence regarding the application of fundal pressure during delivery. Consequently, the defendants did not make a prima facie showing that they adhered to accepted medical practice or that their actions were not the proximate cause of the child’s injuries.
- Deluca v Golden Gate Rehabilitation & Health Care Ctr., LLC2026 NY Slip Op 05161
The Supreme Court properly granted summary judgment dismissing the medical malpractice and Public Health Law § 2801-d claims because the defendant established no departure from the standard of care and the plaintiff’s expert failed to raise a triable issue of fact. The plaintiff’s opposition was deemed speculative and conclusory, failing to rebut the specific assertions of the defendant’s expert.
- Boutureira v Grotas2026 NY Slip Op 05155
The Appellate Division modified the lower court’s order to deny summary judgment on the medical malpractice and lack of informed consent claims related to the plication surgery. The court found that the defendants failed to establish their prima facie entitlement to judgment as a matter of law because triable issues of fact remained regarding the acute phase of the plaintiff’s condition and the adequacy of informed consent.
Week ending July 25, 2026
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- Fleischman v State of New York2026 NY Slip Op 04658
The Court of Claims did not abuse its discretion in denying the motion for permission to file a late claim because the proposed claim was conclusory and failed to demonstrate merit without expert medical opinion. The denial was affirmed, though it was without prejudice to the filing of a new application with a more particularized showing.
- Torrillo v Cherny2026 NY Slip Op 04650
The court modified the lower court’s order to grant summary judgment dismissing the claim of vicarious liability against Hematology-Oncology Associates of Central New York, P.C. for the alleged malpractice of Dr. DiFino. The appellate court affirmed the remainder of the order, rejecting the defendants’ other contentions on appeal.
- Ingram v Cuba Mem. Hosp., Inc.2026 NY Slip Op 04627
The court affirmed the denial of summary judgment, finding that the plaintiff’s expert affirmations created triable issues of fact regarding deviation and causation by squarely opposing the defendants’ expert opinions. Additionally, the court held that the Cuba defendants failed to meet their initial burden on deviation and Public Health Law claims, while the Olean defendants failed to meet their burden on causation regarding Patel.
Also decided
- Montera v Ravitz 2026 NY Slip Op 06111 October 21, 2026
- Shelby D. v Sadowitz 2026 NY Slip Op 05661 October 2, 2026
- VanLaeken v Nakamura 2026 NY Slip Op 05656 October 2, 2026