Franklin v. Cattani


New York Law Journal


Justice Joan Lobis

Franklin sued Dr. Cattani in this medical malpractice action arising from her elective cosmetic surgery. Cattani moved for dismissal, arguing there was no departure from good, accepted medical practice. He contended that even if there was a departure, it did not cause Franklin's injury. Franklin alleged Cattani's motion was defective as it was untimely, but the court disagreed, noting the contention was "not warranted." Franklin further argued Cattani's expert's opinion was conclusory and generalized, and failed to show that her medical malpractice claim had no merit. The court agreed, concluding Cattani was not entitled to summary judgment. The court found Cattani failed to establish a prima facie case entitling him to summary judgment. It ruled Cattani's expert conclusorily opined that Cattani's conduct fell within acceptable standards of care and that Franklin's scarring was not a result of medical malpractice. The court found Franklin's expert rebutted any potential prima facie case by Cattani, disputing the claim the scarring was "unpredictable." Thus, as Cattani failed to show genuine issues of material fact existed, the court denied his motion for summary judgment.

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