Speculation is not a substitute for competent evidence

Eden v Johnson, 2018 NY Slip Op 01656 [1st Dept 2018]

Plaintiff alleges that decedent's heart attack was caused by defendants' discontinuation of his aspirin regimen. Although the record supports a finding that decedent stopped taking aspirin, there is no basis to conclude that defendants advised him to do so. "Speculation is not a substitute for competent evidence even in an action for wrongful death" (Waters v Mount Sinai School of Medicine-Mount Sinai Hosp., 38 AD3d 257, 257 [1st Dept 2007]).

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