Expert Affidavit Needed to Make Prima Facie Case of Lack of Causation in Medical Malpractice Cases

On February 13th, we previewed Orsi v. Haralabatos, a medical malpractice case where the Second Department held that the plaintiff failed to raise a question of fact regarding causation. The Court of Appeals has now reversed, holding that because the issue of proximate cause was not addressed in the defendants’ experts’ affidavits, the burden never shifted to the plaintiff.  The decision is here.