Mohamad v Csompo

Holding 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.

The court’s words

The burden is not met if the defendant's expert renders an opinion that is conclusory in nature or unsupported by competent evidence

2026 NY Slip Op 05178, at the official text

Victor Klein, the defendants' expert physician, failed to address conflicting evidence in the record as to whether fundal pressure was applied

2026 NY Slip Op 05178, at the official text

Since the defendants failed to eliminate all triable issues of fact, the Supreme Court should have denied that branch of their motion

2026 NY Slip Op 05178, at the official text