Aliosha v Ostad, 2017 NY Slip Op 06055 (2d Dept. 2017)
“In attempting to refute the opinion of the defendant’s expert regarding good blood flow to the right testicle, the plaintiff’s expert did not actually review the ultrasound images on which the defendant’s expert opinion was based, but reviewed only the ultrasound report”
The case came down to proximate cause and the Court found proofs to be insufficient based upon the failure to review the actual films. Interesting.
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