On December 22, 2022, an appellate court agreed that the malpractice claim of a 58 year old woman, against her internist, of a delay in treating coronary artery disease, may proceed to a jury trial. Based on  complaints of fatigue and shortness of breath, the internist had recommended that the plaintiff undergo a nuclear stress test in December, 2014 that revealed extensive coronary artery disease which required an open heart-triple bypass surgery to correct. However, the plaintiff claimed she made those same complaints to her internist in March 2012 which should have resulted in an order for a nuclear stress test two years earlier. Plaintiff's expert raised an issue of fact (which only a jury could resolve) by stating that the internist departed from accepted standards in not referring his patient for a stress test in March 2012 when the plaintiff would have been a candidate for an angioplasty, a less invasive procedure than a triple bypass. Zanni v Gomori, 2022 WL 17835645