The plaintiff son commenced an action on behalf of his mother who was a resident of our client’s nursing home at various times between October 2018 through February 27, 2019. The plaintiff alleged that the nursing home failed to properly assess the resident’s risk for pressure ulcers and failed to provide appropriate interventions to prevent and manage the pressure ulcers, with the ulcers progressing to stage 4 and unstageable. GLRR made a motion for summary judgment on grounds that the care, interventions, and treatment complied with applicable standards of care and that the ulcers improved while in our client’s nursing home. The Supreme Court, Suffolk County denied GLRR’s motion for summary judgment finding issues of fact between the expert affirmations. GLRR appealed the denial to the Appellate Division, Second Department which reversed the trial court and dismissed all causes of action, including medical malpractice, wrongful death, negligence, and the alleged violation of Public Health Law § 2801-d. The Court specifically credited the defense expert’s well-supported opinion that the nursing home complied with good and accepted medical practice and applicable regulations, while finding the plaintiff’s expert’s opinions conclusory, speculative, and unsupported by the record. The result eliminates GLRR client’s exposure on all asserted theories of liability and represents a strong and comprehensive victory at the summary judgment stage. The case was handled by Partner Michele R. Levin and Counsel to the Firm Richard Fedrow.
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