The following excerpt is from Huertas v. Ameri Line, Inc., 63 Misc.3d 171, 95 N.Y.S.3d 484 (N.Y. Civ. Ct. 2018):
In a second medical malpractice case, Yarborough v. Cattani , 43 Misc. 3d 785, 982 N.Y.S.2d 716, the findings by the OPMC of incompetence in a doctor's delegating post-operative care to his non-physician office staff were inadmissible and general statements at the hearing about the doctor's credibility were not facts that could be used by the patient to impeach; however, statements that doctor's conduct fell below the standard for honest reporting could be used by patient to impeach doctor's credibility.
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