Weiss v Salgado

Holding 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.

The court’s words

defendants' treatment of plaintiff's decedent met the standard of good and accepted medical practice

2026 NY Slip Op 06231, at the official text

opinions of plaintiff's experts were in places unsupported or contradicted by the record

2026 NY Slip Op 06231, at the official text

records confirm that infusions were not performed while the decedent's blood pressure was being taken

2026 NY Slip Op 06231, at the official text

record shows that a physician examined the decedent's extremities approximately one hour before evidence of extravasation emerged

2026 NY Slip Op 06231, at the official text