Scopinich v Brookhaven Mem. Hosp. Med. Ctr., Inc.

Holding 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.

The court’s words

The affirmation of the plaintiff's expert was conclusory, speculative, and failed to address specific opinions offered by the defendant's expert

2026 NY Slip Op 05204, at the official text

the plaintiff's expert relied upon facts that were contradicted or unsupported by the record and offered only conclusory allegations of regulatory violations

2026 NY Slip Op 05204, at the official text

the defendant established its prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging medical malpractice

2026 NY Slip Op 05204, at the official text