Foster-Sturrup v. Long, 95 A.D.3d 726 (N.Y. App. Div. 2012). · Go Syfert
Foster-Sturrup v. Long, 95 A.D.3d 726 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
74 citation events (74 in the last 25 years) across 3 distinct courts.
Strongest positive: Bonocore v. Ravindranath (nyappdiv, 2024-11-21)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Bonocore v. Ravindranath (2×)
N.Y. App. Div. · 2024 · confidence medium
The expert's theory that the toe created a portal of entry for further infections is broad, conclusory, and unsupported by the record ( see Foster-Sturrup v Long , 95 AD3d 726, 729 [1st Dept 2012]).
cited Cited as authority (rule) Silverstein v. Coolsculpting-Zeltiq Aesthetics, Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The plaintiffs expert must address the specific assertions of the defendant's expert with respect to negligence and causation (see Foster-Sturrup v. Long, 95 AD3d 726, 728-729 [1 st Dept. 2012]).
cited Cited as authority (rule) Silverstein v. Coolsculpting-Zeltio Aesthetics, Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The plaintiffs expert must address the specific assertions of the defendant's expert with respect to negligence and causation (see Foster-Sturrup v. Long, 95 AD3d 726, 728-729 [1 st Dept. 2012]).
cited Cited as authority (rule) Williams v. Northwell Health Inc.
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The plaintiff's expert must address the specific assertions of the defendant's expert with respect to negligence and causation (see Foster- Sturrup v. Long, 95 AD3d 726, 728-729 [15 1 Dept. 2012]).
cited Cited as authority (rule) R. C. v. Jaffe
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The plaintiffs expert must address the specific assertions of the defendant's expert with respect to negligence and causation (see Foster-Sturrup v. Long, 95 AD3d 726, 728-729 [1 st Dept. 2012]).
cited Cited as authority (rule) R.C. v. Jaffe
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The plaintiffs expert must address the specific assertions of the defendant's expert with respect to negligence and causation (see Foster-Sturrup v. Long, 95 AD3d 726, 728-729 [1 st Dept. 2012]).
cited Cited as authority (rule) Williams v. Northwell Health Inc
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
The plaintiff's expert must address the specific assertions of the defendant's expert with respect to negligence and causation (see Foster- Sturrup v. Long, 95 AD3d 726, 728-729 [15 1 Dept. 2012]).
cited Cited as authority (rule) Ranker v. VillageCare
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
NO. 98 RECEIVED NYSCEF: 05/08/2024 specific assertions of the defendant's expert with respect to negligence and causation (see Foster- Sturrup v. Long, 95 AD3d 726, 728-729 [1 st Dept. 2012]).
discussed Cited as authority (rule) Matthew v. DeRose
N.Y. App. Div. · 2024 · confidence medium
Although plaintiff's expert opined generally that the delay caused the patient's "condition to deteriorate, and contributed to a worse outcome," he did not address Montefiore's expert's specific opinion that it did not increase the risk of perioperative complications, even though he agreed that it was an air embolus that caused the patient's cardiac arrest ( see Foster-Sturrup v Long , 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Padilla v. Labow
N.Y. App. Div. · 2023 · confidence medium
The motion court correctly found that any error in the pathology report prepared by Dr. Buyuk concerning the number of cells collected in the fine needle aspiration, to the extent there was an error, was not a proximate cause of any injuries to plaintiff ( see Foster-Sturrup v Long , 95 AD3d 726, 727-728 [1st Dept 2012]; Dallas-Stephenson v Waisman , 39 AD3d 303, 306-307 [1st Dept 2007]).
discussed Cited as authority (rule) Padilla v. Labow
N.Y. App. Div. · 2023 · confidence medium
The motion court correctly found that any error in the pathology report prepared by Dr. Buyuk concerning the number of cells collected in the fine needle aspiration, to the extent there was an error, was not a proximate cause of any injuries to plaintiff ( see Foster-Sturrup v Long , 95 AD3d 726, 727-728 [1st Dept 2012]; Dallas-Stephenson v Waisman , 39 AD3d 303, 306-307 [1st Dept 2007]).
discussed Cited as authority (rule) Martingano v. Hall
N.Y. App. Div. · 2020 · confidence medium
Plaintiff's experts failed to explain how further testing would have led to an earlier diagnosis of recurrence of the tumor ( see G.L. v Harawitz , 146 AD3d 476, 476 [1st Dept 2017]; Foster-Sturrup v Long , 95 AD3d 726, 728-729 [1st Dept 2012]) and offered only conclusory and speculative assertions that earlier detection of recurrence and additional treatment would have produced a different outcome for decedent ( see Longtemps v Oliva , 110 AD3d 1316, 1319 [3d Dept 2013]; Poblocki v Todoro , 49 AD3d 1239, 1240 [4th Dept 2008]; Bullard v St.
discussed Cited as authority (rule) Craig v. TC Ambulance Corp.
N.Y. App. Div. · 2020 · confidence medium
The expert evidence submitted by plaintiff was speculative, conclusory, and insufficient to raise an issue of fact as to whether any alleged departure from accepted practice was a proximate cause of the infant's injuries ( see Diaz v New York Downtown Hosp. , 99 NY2d 542, 544-545 [2002]; Foster-Sturrup v Long , 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Gilbride v. Balikcioglu
N.Y. App. Div. · 2020 · confidence medium
Specifically, plaintiff's expert did not disagree with or address the opinions asserted by Dr. Balikcioglu's expert that Dr. Balikcioglu was not responsible for determining how decedent was monitored and that the use of physical restraints was not indicated because decedent was alert and oriented and her periods of agitation and restlessness were intermittent and irregular ( see Foster-Sturrup v Long , 95 AD3d 726, 728-729 [1st Dept 2012]).
discussed Cited as authority (rule) Ruiz v. Reiss
N.Y. App. Div. · 2020 · confidence medium
Specifically, the expert failed to provide the "requisite nexus between the malpractice allegedly committed and the harm suffered," which was necessary in view of the medical evidence that a bacteria infection was the cause of the intrauterine fetal death ( Foster- Sturrup v Long , 95 AD3d 726, 727-28 [1st Dept 2012] [internal quotation marks omitted]).
cited Cited as authority (rule) Sklarova v. Coopersmith
N.Y. App. Div. · 2020 · confidence medium
Accordingly, the medical malpractice claim should be reinstated ( see Foster-Sturrup v Long , 95 AD3d 726, 728-729 [1st Dept 2012].
discussed Cited as authority (rule) Barry v. Lee (2×)
N.Y. App. Div. · 2019 · confidence medium
Ctr. , 70 AD3d 15, 24 [1st Dept 2009]; Foster-Sturrup v Long , 95 AD3d 726, 727-728 [1st Dept 2012]).
discussed Cited as authority (rule) Brooks v. April (2×)
N.Y. App. Div. · 2017 · confidence medium
The claim that a cerebral angiography should have been performed prior to plaintiffs hemorrhage was inconsistent with the accepted standard of medical care, as shown by plaintiffs course of treatment involving several doctors affiliated with three different hospitals, and any subsequent testing would not have changed plaintiffs course (see Foster-Sturrup v Long, 95 AD3d 726, 727-728 [1st Dept 2012]).
discussed Cited as authority (rule) Adams v. Pilarte
N.Y. App. Div. · 2017 · confidence medium
Further, the plaintiff’s expert must address the specific assertions of the defendant’s expert with respect to negligence and causation (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [1st Dept 2012]).
discussed Cited as authority (rule) Biondi v. Behrman (2×)
N.Y. App. Div. · 2017 · confidence medium
Plaintiff's expert did not explain how presurgical testing would have changed the result, and advanced only conclusory opinions that a specific infection, which occurred during her jaw surgery, was somehow the cause of her hearing loss, neurological facial sensory deficits, and teeth misalignment ( see Foster-Sturrup v Long , 95 AD3d 726, 727-728 [1st Dept 2012]; Roques v Noble , 73 AD3d 204, 207 [1st Dept 2010]).
discussed Cited as authority (rule) Severino v. Weller (2×)
N.Y. App. Div. · 2017 · confidence medium
We all agree that Dr. Weller and NYPH, through expert affirmations supported by medical records and testimony, established prima facie that their treatment of Mr. Severino did not depart from good and accepted medical practice and was not the proximate cause of his injuries ( see Foster-Sturrup v Long , 95 AD3d 726, 727-728 [1st Dept 2012]).
cited Cited as authority (rule) Montilla v. St. Luke's-Roosevelt Hospital
N.Y. App. Div. · 2017 · confidence medium
Accordingly, the opinion is too speculative to raise an issue of fact (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Torres v. Cergnul (2×)
N.Y. App. Div. · 2017 · confidence medium
Further, the plaintiff’s expert must address the specific assertions of the defendant’s expert with respect to negligence and causation (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [1st Dept 2012]).
cited Cited as authority (rule) Liburd v. St. Joseph's Medical Center
N.Y. App. Div. · 2016 · confidence medium
Plaintiffs’ cardiology expert’s opinion was conclusory and failed to address the Westchester Protocols (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Jordan v. Raccuglia
N.Y. App. Div. · 2016 · confidence medium
Order, Supreme Court, New York County (Alice Schlesinger J.), entered on or about March 12, 2015, which granted defendant Dr. Maria Raccuglia’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. *444 Defendant established entitlement to judgment as a matter of law by submitting evidence, including an expert’s affirmation, showing that her treatment of plaintiff was within good and accepted medical practice and was not the proximate cause of plaintiff’s alleged injuries (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Atkins v. Beth Abraham Health Services
N.Y. App. Div. · 2015 · confidence medium
If considered, the new theory is speculative as to how any such failure proximately caused decedent’s death and is not grounded in the record (see FosterSturrup v Long, 95 AD3d 726, 727-728 [1st Dept 2012]; Roques *493 v Noble, 73 AD3d 204, 207 [1st Dept 2010]).
discussed Cited as authority (rule) Lyons v. DeNise
N.Y. App. Div. · 2014 · confidence medium
Further, defendants’ expert showed that since the study encompassed Patrick’s upper leg, defendant radiologist could not have detected the cancer later diagnosed in the calf (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Lyons v. DeNise
N.Y. App. Div. · 2014 · confidence medium
Further, defendants’ expert showed that since the study encompassed Patrick’s upper leg, defendant radiologist could not have detected the cancer later diagnosed in the calf (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]).
discussed Cited as authority (rule) Park v. Kovachevich
N.Y. App. Div. · 2014 · confidence medium
Significantly, plaintiffs expert’s opinion that Payne Whitney’s alleged failure to diagnose Park’s “narcissistic personality disorder” was a departure from accepted care is also conclusory, since plaintiffs expert did not make any evaluation of Park and failed to provide support in the record for this conclusion (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]). “[O]pinion evidence must be based on facts in the record or personally known to the witness” (Cassano v Hagstrom, 5 NY2d 643, 646 [1959]).
discussed Cited as authority (rule) Park v. Kovachevich
N.Y. App. Div. · 2014 · confidence medium
Significantly, plaintiffs expert’s opinion that Payne Whitney’s alleged failure to diagnose Park’s “narcissistic personality disorder” was a departure from accepted care is also conclusory, since plaintiffs expert did not make any evaluation of Park and failed to provide support in the record for this conclusion (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]). “[O]pinion evidence must be based on facts in the record or personally known to the witness” (Cassano v Hagstrom, 5 NY2d 643, 646 [1959]).
discussed Cited as authority (rule) Robinson v. Bronx-Lebanon Hospital Center
N.Y. App. Div. · 2014 · confidence medium
The detailed, nonconclusory, factually supported affirmation of defendant’s expert established prima facie that the hospital did not depart from good and accepted practice in treating Koran before his death (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408 [1st Dept 2012], affd 20 NY3d 945 [2012]).
discussed Cited as authority (rule) Robinson v. Bronx-Lebanon Hospital Center
N.Y. App. Div. · 2014 · confidence medium
The detailed, nonconclusory, factually supported affirmation of defendant’s expert established prima facie that the hospital did not depart from good and accepted practice in treating Koran before his death (see Foster-Sturrup v Long, 95 AD3d 726, 728 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408 [1st Dept 2012], affd 20 NY3d 945 [2012]).
discussed Cited as authority (rule) Kershaw v. Hospital for Special Surgery
N.Y. App. Div. · 2013 · confidence medium
Thus, his opinion is an ambiguous statement of causation, amounting to bare conjecture, which is insufficient to defeat a motion for summary judgment (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408, 410-411 [1st Dept 2012], affd 20 NY3d 945 [2012]).
discussed Cited as authority (rule) Kershaw v. Hospital for Special Surgery
N.Y. App. Div. · 2013 · confidence medium
Thus, his opinion is an ambiguous statement of causation, amounting to bare conjecture, which is insufficient to defeat a motion for summary judgment (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [1st Dept 2012]; Callistro v Bebbington, 94 AD3d 408, 410-411 [1st Dept 2012], affd 20 NY3d 945 [2012]).
discussed Cited as authority (rule) WILK, JOANNE v. JAMES, M.D., DAVID M.
N.Y. App. Div. · 2013 · confidence medium
We agree with defendants that the affidavit of plaintiff’s urological expert is insufficient to defeat their motion inasmuch as it is vague, conclusory, speculative, and unsupported by the medical evidence in the record before us (see DiGeronimo v Fuchs, 101 AD3d 933, 936-937 [2012]; Foster-Sturrup v Long, 95 AD3d 726, 728-729 [2012]; Moran v Muscarella, 87 AD3d 1299, 1300 [2011]).
discussed Cited as authority (rule) WILK, JOANNE v. JAMES, M.D., DAVID M.
N.Y. App. Div. · 2013 · confidence medium
In my view, the opposing affidavits of plaintiffs expert were conclusory and did not directly address or refute the prima facie showing in the detailed affidavits of defendants’ experts (see Foster-Sturrup v Long, 95 AD3d 726, 728-729 [2012]).
discussed Cited "see" Miranda v. New York-Presbyterian Hosp.
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Pekerman v. Chessin
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Marino v. New York & Presbyt. Hosp.
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Bivona v. Gupta
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Marin v. Northwell Health, Inc.
N.Y. Sup. Ct., New York Cty. · 2025 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Kaplow v. Dalbagni
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Richman v. Lamont
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Brown v. Berookhim
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Hoepelman v. New York & Presbyt. Hosp.
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Snyder v. Goldstein
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see · confidence high
Ctr., 70 AD3d 15, 24 [1st Dept 2009]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [1st Dept 2012]; Roques v Noble, 73 AD3d 204, 206 [1st Dept 2010]; Elias v Bash, 54 AD3d 354, 357 [2d Dept 2008]; DeFilippo v New York Downtown Hosp., 10 AD3d 521, 522 [1st Dept 2004]).
discussed Cited "see" Mayes v. United States
2d Cir. · 2020 · signal: see · confidence high
See Foster- Sturrup v. Long, 95 A.D.3d 726, 729 (1st Dep’t 2012) (reversing denial of summary judgment, in part because “plaintiffs failed to raise an issue of fact as to causation”); Callistro ex rel.
cited Cited "see" Mazella v. Beals
N.Y. App. Div. · 2014 · signal: see · confidence high
Hosp. 57 AD3d 839, 842 [2008]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [2012]).
discussed Cited "see" MAZELLA, JANICE v. BEALS, M.D., WILLIAM
N.Y. App. Div. · 2014 · signal: see · confidence high
Defendant admitted that he was negligent in his care of certain patients but, as noted above, it is well settled that the elements of “a medical malpractice [claim] are a deviation or departure from accepted -6- 975 CA 13-01421 community standards of practice and evidence that such departure was a proximate cause of injury or damage” (Geffner v North Shore University Hosp. 57 AD3d 839, 842 ; see Foster-Sturrup v Long, 95 AD3d 726, 727 ).
cited Cited "see" Mazella v. Beals
N.Y. App. Div. · 2014 · signal: see · confidence high
Hosp. 57 AD3d 839, 842 [2008]; see Foster-Sturrup v Long, 95 AD3d 726, 727 [2012]).
Retrieving the full opinion text from the archive…
Adrienne Foster-Sturrup
v.
Paige Long, M.D.
Appellate Division of the Supreme Court of the State of New York.
May 29, 2012.
95 A.D.3d 726
Cited by 62 opinions  |  Published

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered July 7, 2011, which, insofar as appealed from as limited by the briefs, denied defendants’ cross motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the cross motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

Plaintiff Adrienne Foster-Sturrup saw defendant Dr. Long, an obstetrician/gynecologist, on March 14, 2003, because she was experiencing pain and tenderness in her breasts and abdomen, and was concerned she might be pregnant. Foster-Sturrup did not experience any vaginal bleeding or nausea prior to her appointment, and took two home-pregnancy tests before seeing Dr. Long, both of which came back negative. She told Dr. Long that she had an “abdominal pregnancy” in 1991, had “lost the baby,” and had a history of infertility. Foster-Sturrup further informed Dr. Long that she had not missed her previous[*727] menstrual period. Foster-Sturrup requested a blood test to determine if she was pregnant because, in the past, the pregnancy would show up only through a blood test and not a urine test.

Dr. Long did not perform a blood test. After an examination and review of Foster-Sturrup’s medical history, Dr. Long diagnosed her with an infection and prescribed an antibiotic, Flagyl, to be taken for seven days. Foster-Sturrup filled the prescription the following day and, according to her deposition testimony, did not experience any more pain once she started taking the antibiotic.

On March 23, 2003, Foster-Sturrup went to the emergency room because she was experiencing abdominal pain. She advised the medical staff that her last menstrual period had been on February 22, 2003. The treating doctors performed a blood test, the result of which indicated that Foster-Sturrup was in the very beginning stages of a pregnancy, with a gestational age of approximately four weeks. The treating doctors also performed an ultrasound and saw fluid in the abdomen, but did not see anything in the uterus. The doctors surmised that FosterSturrup had an ectopic pregnancy, but based on the ultrasound, were unable to determine its exact location. Foster-Sturrup was taken to the operating room for an exploratory laparotomy which revealed that the ectopic pregnancy had implanted on her appendix. Foster-Sturrup ’ s appendix had burst and the doctors performed an appendectomy.

Plaintiffs commenced this action alleging medical malpractice based on defendants’ failure to diagnose Foster-Sturrup’s ectopic pregnancy; specifically, Dr. Long’s failure to administer a blood test or an ultrasound on March 14. Defendants moved for summary judgment dismissing the complaint. The motion court denied defendants’ motion, finding that plaintiffs’ expert’s affidavit raised an issue of fact whether defendants departed from the accepted medical standard of care. We now reverse.

“To sustain a cause of action for medical malpractice, a plaintiff must prove two essential elements: (1) a deviation or departure from accepted practice, and (2) evidence that such departure was a proximate cause of plaintiffs injury” (Frye v Montefiore Med. Ctr., 70 AD3d 15, 24 [2009]). Generally, “the opinion of a qualified expert that a plaintiff’s injuries were caused by a deviation from relevant industry standards would preclude a grant of summary judgment in favor of the defendants” (Diaz v New York Downtown Hosp., 99 NY2d 542, 544 [2002]). Additionally, a plaintiffs expert’s opinion “must demonstrate ‘the requisite nexus between the malpractice allegedly[*728] committed’ and the harm suffered” (Dallas-Stephenson v Waisman, 39 AD3d 303, 307 [2007] [citation omitted]). However, if “the expert’s ultimate assertions are speculative or unsupported by any evidentiary foundation . . . the opinion should be given no probative force and is insufficient to withstand summary judgment” (Diaz at 544).

Defendants established their prima facie entitlement to summary judgment by submitting their expert’s affirmation which explained that the treatment of Foster-Sturrup was within and in accordance with good and accepted practice and was not the proximate cause of Foster-Sturrup’s injury. Defendants’ expert, Dr. D’Amico, affirmed that he reviewed Foster-Sturrup’s deposition testimony, medical records from the emergency room and operative report from her exploratory laparotomy and appendectomy. Dr. D’Amico noted that the blood test administered by the hospital on March 23 revealed a human chorionic gonadotropin (hCG) (the “pregnancy hormone”) level of 436 units, which indicates a very early pregnancy. Based on that number, Dr. D’Amico estimated that Foster-Sturrup’s hCG level nine days earlier when she saw Dr. Long was between 0 and 20. Dr. D’Amico averred that even if Dr. Long had administered a blood pregnancy test on March 14, based on such a low hCG count, the standard of care would not have required an ultrasound for another four weeks since the embryo would not be visible at such an early stage. An ultrasound done on March 14 would not have shown an ectopic pregnancy because an ultrasound, according to Dr. D’Amico, “is reliable when there is a visualization of a yolk sac or embryo which equates to an hCG value of at least 1,500 to 2,000 units,” a number well above the hCG level of 0 to 20.

Further, Dr. D’Amico stated that a blood pregnancy test would not have determined the location of the pregnancy or indicated that the pregnancy was ectopic. Lastly, D’Amico stated that Flagyl is an appropriate antibiotic to treat a gynecological infection, even in a pregnant woman, and that it did not contribute to either the adhesion of the ectopic pregnancy to the appendix, or to the appendiceal rupture.

In opposition, plaintiffs failed to raise an issue of fact. “Plaintiff’s expert’s affirmation was conclusory and did not adequately address the prima facie showing in the detailed affirmation of [defendants’] expert” (Matter of Joseph v City of New York, 74 AD3d 440, 440 [2010]; see Giampa v Marvin L. Shelton, M.D., P.C., 67 AD3d 439 [2009]). Dr. Douglas Phillips, plaintiffs’ expert, submitted an affidavit opining that a blood pregnancy test and ultrasound would have led to an earlier diagnosis of an[*729] ectopic pregnancy, but did not explain how this could occur since Foster-Sturrup was only a few weeks pregnant. He failed to contest Dr. D’Amico’s statement that at such an early stage of the pregnancy an ultrasound would not have been warranted for another four weeks. His affidavit also is insufficient because it did not address or respond to Dr. D’Amico’s statements that even if a blood pregnancy test had been administered, it would not have revealed the location of the pregnancy.

Dr. Phillips averred that Dr. Long should have considered the possibility of an ectopic pregnancy, performed an additional blood test, which could have been “useful” in determining the location of the pregnancy and then prescribed Methotrexate to treat an ectopic pregnancy and avoid surgery. However, Dr. Phillips’ conclusion is difficult to reconcile with his acknowledgment that Foster-Sturrup did not experience any of the classic symptoms associated with an ectopic pregnancy, namely, amenorrhea and vaginal bleeding, prior to her appointment with Dr. Long.

Even if we accept plaintiffs’ argument that Dr. Long’s failure to administer a blood pregnancy test was a departure from accepted medical standards, defendants’ summary judgment cross motion still should have been granted because plaintiffs failed to raise an issue of fact as to causation. Dr. Phillips’ opinion that Methotrexate should have been prescribed did not address whether or how Methotrexate would have been used to treat the specific ectopic pregnancy in this case, which had adhered to Foster-Sturrup’s appendix (see Matter of Joseph, 74 AD3d at 441). Further, Dr. Phillips failed to address the fact that the treating doctors in the emergency room, nine days after the alleged malpractice occurred, still were unable to determine the location of the pregnancy by performing a blood pregnancy test and an ultrasound. They were only able to locate it through exploratory surgery and the removal of Foster-Sturrup ’ s burst appendix. Concur — Tom, J.P., Catterson, Richter, Abdus-Salaam and Román, JJ.