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Summary Judgment Win Against a Major New York Hospital

By October 5, 2023No Comments

On September 25, 2023, Arthur Yankowitz and Brian DiPentima won summary judgment in a medical malpractice case brought against a major New York Hospital. Plaintiff alleged medical malpractice/negligence against several acute care hospitals and nursing homes in New York City for failure to properly care for decedent’s existing pressure injuries (bedsores) and for failing to prevent the development of new pressure injuries during multiple episodes of care spanning 2013 – 2014. Plaintiff claimed that the patient sustained multiple very large Stage IV and unstageable ulcers as a result of inappropriate care. Following oral argument, the Court found that plaintiff’s expert was not qualified to render an opinion as to the standard of care in acute care hospitals or on pressure ulcers; thus, her expert opinions were “of no probative value”. Even if the Court found that the expert was qualified to render the opinions, plaintiff nevertheless failed to establish the existence of any issue of triable fact. The Court further noted that plaintiff raised new claims in opposition that were not previously alleged in their various Bills of Particulars which were summarily rejected by the Court.