In an action alleging negligence, medical malpractice, statutory violations of New York State Public Health Law §2801-d, Gallardo Levin Reiter & Rogers was awarded summary judgment dismissing all claims against its client, a Long Island nursing home and rehabilitation facility. The decedent developed a pressure ulcer to his heel which progressed to Stage IV, became infected, and required multiple surgical debridements and local wound care for 3 years. The Court found that Gallardo Levin Reiter & Rogers successfully established that the heel ulcer developed as a result of the decedent’s advanced peripheral vascular disease in the context of his co-morbidities, and not as a result of any care or inadequate care on the part of the nursing facility. This was supported by the diagnostic testing that showed occlusive arterial disease and an unsuccessful revascularization procedure. The case was handled by Gallardo Levin Reiter & Rogers Partner Michele R. Levin and Associate Renton Persaud.
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