The Court of Appeals recently addressed the standard for negligence on summary judgment motions in medical malpractice matters in a memorandum decision issued on Nov. 1 which includes an interesting concurrence. In Pullman v. Silverman,1 the Court of Appeals reversed an order of the Appellate Division First Department, which had granted a motion for summary judgment by the defendant doctor in the case. Notably, the concurrence identified a Departmental split regarding what negligence standard should apply in deciding such matters and highlighting that plaintiffs have a more difficult burden to overcome in the First, Third and Fourth Departments.
In Pullman, plaintiff alleged that defendant David Silverman had committed malpractice by his negligent administration of the medication Lipitor, by his negligent administration of the medication azithromycin, and by his negligent administration of the combination of those two drugs without considering the adverse effects of this combination.
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