defendant breached standard in New York

21 New York opinions name it 2 courts 2000–2025 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
Berger v. Beckergreen nyappdiv · 2000 · cited in 13 New York opinions naming this issue, 2002–2011 2 sentences 2011“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury” (Berger v Becker, 272 AD2d 565, 565 [2000]; see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Nichols v Stamer, 49 AD3d 832, 833 [2008]). 2009“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury” (Berger v Becker, 272 AD2d 565, 565 [2000] [citation omitted]; see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Nichols v Stamer, 49 AD3d 832 [2008]).	9	13
Alvarez v. Prospect Hospitalgreen ny · 1986 · cited in 5 New York opinions naming this issue, 2006–2011 2 sentences 2011“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury” (Berger v Becker, 272 AD2d 565, 565 [2000]; see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Nichols v Stamer, 49 AD3d 832, 833 [2008]). 2009“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury” (Berger v Becker, 272 AD2d 565, 565 [2000] [citation omitted]; see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Nichols v Stamer, 49 AD3d 832 [2008]).	4	5
Elliot v. Long Island Home, Ltd.green nyappdiv · 2004 · cited in 5 New York opinions naming this issue, 2005–2024 2 sentences 2024Home, Ltd. , 12 AD3d 481, 482 ). 2019Home, Ltd. , 12 AD3d 481, 482 ).	3	5
Nichols v. Stamergreen nyappdiv · 2008 · cited in 5 New York opinions naming this issue, 2008–2011 2 sentences 2011“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury” (Berger v Becker, 272 AD2d 565, 565 [2000]; see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Nichols v Stamer, 49 AD3d 832, 833 [2008]). 2009“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury” (Berger v Becker, 272 AD2d 565, 565 [2000] [citation omitted]; see Alvarez v Prospect Hosp., 68 NY2d 320 [1986]; Nichols v Stamer, 49 AD3d 832 [2008]).	3	5
Perrone v. Grovergreen nyappdiv · 2000 · cited in 5 New York opinions naming this issue, 2002–2025 2 sentences 2025Medical Malpractice "In order to establish a prima facie case of liability in a medical malpractice action, a [2]plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of injury." Perrone v Grover , 272 AD2d 312, 312 (2d Dept 2000). 2025Medical Malpractice "In order to establish a prima facie case of liability in a medical malpractice action, a [2]plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of injury." Perrone v Grover , 272 AD2d 312, 312 (2d Dept 2000).	2	5
Pace v. Jakusgreen nyappdiv · 2002 · cited in 5 New York opinions naming this issue, 2004–2007 2 sentences 2007To establish a prima facie case of liability in a medical malpractice action, a plaintiff must establish (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of the injury (see Pace v Jakus, 291 AD2d 436 [2002]; Berger v Becker, 272 AD2d 565 [2000]). 2006“To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of the injury” (Pace v Jakus, 291 AD2d 436 [2002]; see Berger v Becker, 272 AD2d 565 [2000]; Perrone v Grover, 272 AD2d 312 [2000]).	2	5
Gross v. Friedmangreen nyappdiv · 1988 · cited in 2 New York opinions naming this issue, 2000–2000 2 sentences 2000In order to establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ). 2000To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ).	2	2
Gross v. Friedmangreen ny · 1988 · cited in 2 New York opinions naming this issue, 2000–2000 2 sentences 2000In order to establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ). 2000To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ).	2	2
Barila v. Comprehensive Pain Caregreen nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2009–2009 1 sentence 2009The plaintiff commenced this action against the surgeon and the hospital in which the plaintiffs decedent was treated alleging that, inter alia, the defendants failed to diagnose and treat a fatty embolism. “ ‘To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury’ ” (Barila v Comprehensive Pain Care of Long Is., 44 AD3d 806, 807 [2007], quoting Berger	1	1
Quezada v. O'Reilly-Greengreen nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008“Generally, a hospital cannot be held vicariously liable for the malpractice of a private attending physician who is not its employee” (Quezada v O’Reilly-Green, 24 AD3d 744, 746 [2005]; see Dragotta v Southampton Hosp., 39 AD3d 697, 698 [2007]; Salvatore v Winthrop Univ.	1	1
Dragotta v. Southampton Hospitalgreen nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008“Generally, a hospital cannot be held vicariously liable for the malpractice of a private attending physician who is not its employee” (Quezada v O’Reilly-Green, 24 AD3d 744, 746 [2005]; see Dragotta v Southampton Hosp., 39 AD3d 697, 698 [2007]; Salvatore v Winthrop Univ.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Meiselman v. Crown Heights Hospital, Inc. green ny · 1941 2 sentences 2018Hosp ., 285 NY 389 ). 2005Hosp., 285 NY 389 [1941]).	2	2005–2018
Kilgore v. Rochdale Village, Inc. green nyappdiv · 1998 2 sentences 2009“Expert testimony is necessary to prove a deviation from accepted standards of medical care and to establish proximate cause” (Lyons v McCauley, 252 AD2d 516 , 517 [1998] [citations omitted], citing Koehler v Schwartz, 48 NY2d 807 [1979]). 2008“Expert testimony is necessary to prove a deviation from accepted standards of medical care and to establish proximate cause” (Lyons v McCauley, 252 AD2d 516 , 517 [1998], citing Koehler v Schwartz, 48 NY2d 807 [1979]).	2	2008–2009
Koehler v. Schwartz green ny · 1979 2 sentences 2009“Expert testimony is necessary to prove a deviation from accepted standards of medical care and to establish proximate cause” (Lyons v McCauley, 252 AD2d 516 , 517 [1998] [citations omitted], citing Koehler v Schwartz, 48 NY2d 807 [1979]). 2008“Expert testimony is necessary to prove a deviation from accepted standards of medical care and to establish proximate cause” (Lyons v McCauley, 252 AD2d 516 , 517 [1998], citing Koehler v Schwartz, 48 NY2d 807 [1979]).	2	2008–2009
Gibson v. D'Amico green nyappdiv · 1983 2 sentences 2000In order to establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ). 2000To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ).	2	2000–2000
Lasek v. Nachtigall green nyappdiv · 1993 2 sentences 2000To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D’ Amico, supra). 2000To sustain this burden, a plaintiff must present expert testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D' Amico, supra).	2	2000–2000
Kelly v. Lieber neutral nyappdiv · 1999 2 sentences 2000In order to establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ). 2000To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach of the standard was the proximate cause of injury (see, Gibson v D’Amico, 97 AD2d 905 ; see also, Gross v Friedman, 138 AD2d 571 , affd 73 NY2d 721 ; Kelly v Lieber, 261 AD2d 441 ).	2	2000–2000
Republic Western Insurance v. RCR Builders, Inc. green nyappdiv · 2000 2 sentences 2000To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D’ Amico, supra). 2000To sustain this burden, a plaintiff must present expert testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Reid v Rye Ridge Orthopedic Assocs., 268 AD2d 574 ; Lasek v Nachtigall, 189 AD2d 749 ; Gibson v D' Amico, supra).	2	2000–2000
Elkin v. Goodman green nyappdiv · 2005 1 sentence 2018"To establish a prima facie case of medical malpractice, a plaintiff must set forth (1) the standard of care in the locality where the treatment occurred, (2) that the defendant breached that standard of care, and (3) that the breach was the proximate cause of his or her injuries" ( Elkin v Goodman , 24 AD3d 717, 720 ; see Meiselman v Crown Hgts.	1	2018–2018
Iocovello v. Weingrad & Weingrad green nyappdiv · 2004 1 sentence 2011“Attorneys are free to select among reasonable courses of action in prosecuting clients’ cases without thereby exposing themselves to liability for malpractice” (locovello v Weingrad & Weingrad, 4 AD3d 208 [2004]).	1	2011–2011
Sandmann v. Shapiro green nyappdiv · 2008 1 sentence 2009Therefore, on a motion for summary judgment, a defendant has the initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby (see Sandmann v Shapiro, 53 AD3d 537 [2008]).	1	2009–2009
Cappello v. Cappello neutral nyappdiv · 1994 1 sentence 2007Here, because the plaintiffs and their expert witness presented no evidence as to the applicable standard of care, they failed to establish a prima facie case of medical malpractice (see Pace v Jakus, 291 AD2d 436, 437 [2002]; Perrone v Grover, supra 272 AD2d at 313; DeCicco v Roberts, 202 AD2d 165 [1994]).	1	2007–2007
Porter v. Uniroyal Goodrich Tire Co. green nyappdiv · 1996 1 sentence 2002To sustain this burden, a plaintiff must present expert opinion testimony that the defendant’s conduct constituted a deviation from the requisite standard of care (see, Perrone v Grover, supra; Prete v Rafla-Demetrious, 224 AD2d 674 ).	1	2002–2002

Where else courts name it

MI 79 (2004–2026) TX 29 (2003–2024) LA 28 (1986–2023) NY 21 (2000–2025) KY 14 (2003–2025) OH 13 (1993–2025) AR 8 (1997–2025) DC 7 (1986–2007) CA 7 (2010–2026) CT 5 (1993–2014) MD 5 (2010–2025) AL 4 (1992–2009) IL 4 (2006–2010) AZ 3 (1994–2023) VT 3 (1994–2010) NH 2 (2002–2003) OR 2 (1989–2022) WI 2 (1999–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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