In a decision clarifying an area of the law that had become muddled, an appeals panel in Brooklyn has ruled that a plaintiff in a medical malpractice action must address the issue of causation only if the defendant argues it in a motion for summary judgment.
Because “candor requires the admission that our past decisions have lacked a precise consistency,” Justice John M. Leventhal (See Profile) wrote for the panel, “we now clarify” that numerous of the court’s prior decisions have used language “indicating or implying” the wrong rule.
