Muriel Winegrad et al., Appellants, v. New York University Medical Center, Defendant, and Joseph Jacobs, et al., Respondents, 64 N.Y.2d 851

Summary

A patient appealed from a decision that granted the physicians' motion for summary judgment. Patient had brought an action to recover damages for medical malpractice and alleged that the physicians had failed to check the patient's medical history, had treated the patient for a blood clot and heart condition, which was unnecessary and incompatible with her condition, and had wrongfully left the surgery incomplete after representing to the patient that it had been completed. The reviewing court found that the physicians' bare conclusory assertions that they had not deviated from good and accepted medical practices did not establish that the cause of action had no merit so as to entitle the physicians to a summary judgment. Therefore, the decision granting the physicians' motion for summary judgement was reversed.