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Trial Verdict in favor of Surgeon affirmed
Michael P. Kandler successfully represented a surgeon in a medical malpractice action on an appeal in the Appellate Division, Second Department in Bin Xin Tan v. St. Vincent’s Hospital, 294 A.D.2d 122, 742 N.Y.S.2d 10 (2d Dep’t, May 7, 2002). The case involved a patient that died following liver transplant surgery. The Appellate Division held that the evidence submitted at trial supported the jury’s finding that the surgical treatment provided by the defendant did not deviate from the standards of care. The court also rejected the plaintiff’s argument that the plaintiff was entitled to a lesser burden of proof because the plaintiff’s decedent could not testify.
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