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Verdicts
New York Appellate Court Relaxes Standard for Causation Evidence
In this suit charging the plaintiff developed an autoimmune disorder after her doctor too rapidly increased her dosage of cholesterol-lowering drugs, New York's Appellate Division, Second Department, announced a relaxed standard for determining the admissibility of expert testimony on the issue of causation in medical malpractice cases. Zito v. Zabarsky, Index No. 5594/01. (2d Dept. 1/24/06).
Pamela Zito was first prescribed 20-milligram doses of the statin drug Pravachol'. That dose was eventually increased to 40 milligrams. Next, her doctor began prescribing 80 milligrams of Zocor', another statin drug. This is the highest recommended daily dose. Shortly after she began taking the Zocor, Zito experienced joint pain, shortness of breath and general weakness. She was eventually diagnosed with an autoimmune condition known as polymyosities. Zito sued for malpractice, claiming her doctor deviated from standards of acceptable medical practice by prescribing for her an excessive dose of Zocor.
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