Manewan v Huerta

Holding 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.

The court’s words

Plaintiff's expert was qualified to render an opinion as to plaintiff's treatment by defendant Dr. Del Valle

2026 NY Slip Op 05732, at the official text

possesses the requisite knowledge to make a determination on the issues presented

2026 NY Slip Op 05732, at the official text

failed to communicate plaintiff's clinical presentation to the pathologist analyzing the biopsied tissue

2026 NY Slip Op 05732, at the official text

in a transformative process to malignancy

2026 NY Slip Op 05732, at the official text