Gittler v Pinsky

Holding 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.

The court’s words

Pinsky and Rockville failed to establish, prima facie, that Pinsky did not deviate from good and accepted medical practice

2026 NY Slip Op 05771, at the official text

NSUH established, prima facie, that the alleged deviations did not proximately cause the alleged injuries

2026 NY Slip Op 05771, at the official text

an earlier diagnosis at the time Gittler presented to NSUH would not have changed Gittler's prognosis or outcome

2026 NY Slip Op 05771, at the official text