Opinion
September 28, 1998
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the appeal from the order is dismissed as no appeal lies from an order denying reargument; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondents.
"The requisite elements of proof in a medical malpractice [action] are (1) a deviation or departure from accepted practice, and (2) evidence that such departure was a proximate cause of injury or damage" ( Amsler v. Verrilli, 119 A.D.2d 786; see, Bloom v. City of New York, 202 A.D.2d 465). In a medical malpractice action, where causation is often a difficult issue, a plaintiff need do no more than offer sufficient evidence from which a reasonable person might conclude that it was more probable than not that the injury was caused by the defendant ( see, Minelli v. Good Samaritan Hosp., 213 A.D.2d 705, 706; Hughes v. New York Hosp. — Cornell Med. Ctr., 195 A.D.2d 442, 443). Evidence of a difference of opinion among physicians does not provide an adequate basis for a prima facie case of malpractice ( see, Topel v. Long Is. Jewish Med. Ctr., 55 N.Y.2d 682, 684; Mohan v. Westchester County Med. Ctr., 145 A.D.2d 474, 475; Krapivka v. Maimonides Med. Ctr., 119 A.D.2d 801). Contrary to the appellant's contentions, he failed to establish a prima facie case of medical malpractice against the respondents.
The court properly dismissed the appellant's breach of contract cause of action against the respondent Sprain Brook Manor Nursing Home because it is the same as the appellant's malpractice cause of action ( see, Monroe v. Long Is. Coll. Hosp., 84 A.D.2d 576; see also, Mitchell v. Spataro, 89 A.D.2d 599).
The appellant's remaining contentions are without merit.
Bracken, J P., Ritter, Thompson and Krausman, JJ., concur.