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Shekhtman v. Savransky
Citations: 2017 NY Slip Op 7417; 154 A.D.3d 592; 62 N.Y.S.3d 351Docket: 108004/09
Court: Appellate Division of the Supreme Court of the State of New York; October 24, 2017; New York; State Appellate Court
Original Court Document: View Document
Judgment in the case of Shekhtman v. Savransky was affirmed, dismissing the plaintiff-appellant's complaint against Dr. Alla Savransky and other defendants. The case arose after the plaintiff's decedent, Marina Marmur, underwent multiple medical tests that ultimately failed to detect her stage IV gastric cancer until it was advanced. Dr. Savransky treated Marmur based on a gastroenterologist's plan and referred her for further testing when her symptoms worsened. The court found that the plaintiff's claims of medical malpractice were unsupported by credible expert testimony. Experts provided only conclusory assertions without specifying what additional tests should have been performed or when, failing to demonstrate that earlier detection and treatment were possible. The testimony did not establish a clear causal link between the alleged deviations from accepted medical practice and the failure to diagnose the cancer promptly, particularly given that previous tests by a gastroenterologist had also come back negative. The court concluded that the evidence provided by the plaintiff was insufficient to support the jury's finding of causation, leading to the dismissal of the complaint. All remaining arguments by the plaintiff were found to be without merit.