Sophisticated Defense Strategies For New York Trial And Appellate Matters
In an action for negligence and medical malpractice, it was alleged that ‘ client, an assisted living facility, and the co-defendant physician were negligent in caring for a resident who sustained multiple falls, one of which resulted in a hip fracture which required surgical repair. moved for summary judgment on the grounds that the admission agreement between the facility and…
won a decision preserving its nursing home client’s privilege over Quality Assurance Records mistakenly provided to plaintiff’s counsel prior to the case’s assignment to the Firm. Prior to assuming the defense of its nursing home client, the nursing home’s Quality Assurance records related to an investigation involving the resident at issue was inadvertently disclosed to plaintiff’s counsel. Upon assignment of…
Partners Dom Gallardo and Michele Levin successfully defended a New York City nursing home in New York County Supreme Court during a 4-week trial involving nearly ten thousand pages of bates stamped medical records and the testimony of eleven witnesses. The case involved complex Nursing Home statutory violations with an underpinning of allegations that the decedent nursing home resident was…
recently obtained dismissal of all claims asserted by plaintiff against a prominent New York City home health care agency. Plaintiff alleged that ‘ client failed to properly monitor the decedent allowing her to fall and sustain a subdural hematoma which ultimately caused her death. Shortly after commencement of the action, moved to dismiss plaintiff’s complaint based upon plaintiff’s lack of…
successfully moved for summary judgment in an action alleging nursing home abuse in Nassau County. The plaintiff alleged that the facility was negligent and violated resident rights under Public Health Law § 2801-d by failing to prevent multiple falls in a resident with severe dementia, with the last fall allegedly resulting in a hip fracture and death. obtained summary judgment…
In an action alleging negligence, was awarded summary judgment dismissing all claims against its client, a rehabilitation and skilled nursing facility. Plaintiff alleges that she suffered serious injuries after slipping and falling on a patch of ice in the parking lot of ‘ client’s facility. The Court agreed with ‘ arguments that its client did not create the alleged icy…
In an action alleging intentional tort and negligent hiring, training, and supervision, was awarded summary judgment dismissing all claims against its client, a prominent New York City based home health care agency. Plaintiffs alleged that a co-defendant home health aide, who was employed by ‘ client, had physically and verbally abused the infant-plaintiff. The Court agreed with ‘ arguments with…
In an action alleging negligence, medical malpractice, statutory violations of New York State Public Health Law §2801-d, 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…
In an action alleging negligence, medical malpractice, statutory violations of New York State Public Health Law §2801-d, and negligent hiring and credentialing, was awarded summary judgment dismissing all claims against its client, a prominent Long Island nursing home and rehabilitation facility. The Court agreed with ‘ argument that its client did not depart from accepted standards of care, that the…