Partners Rosaleen McCrory and Daniel Freidlin, and Associate Christian McCarthy obtained summary judgment on behalf of our client nursing facility in a matter involving the development of decubitus ulcers and sepsis in the then ninety-one year-old decedent, who received home care nursing services over a seven-month period.
In our summary judgment motion, we argued the records demonstrated that our client’s care began after the ulcers developed thereby refuting the plaintiff’s claim that our client failed to timely diagnose the decubitus ulcers. Moreover, we asserted that non-party physicians established the plan of treatment and wound care directives and defendant’s staff merely following physician directives. As our client did not implement the plan of care and the evidence clearly showed defendant staff followed the physician’s orders, we asserted that there was no merit to any claims that our client failed to timely and properly treat the decedent’s pressure ulcers.
Based on the strength of our arguments, plaintiff was unable to submit credible opposition. The Court granted our summary judgment motion in its entirety, and agreed with our above outlined positions, finding that there were no departures on behalf of our client and that the care rendered was not a proximate cause of any of the alleged injuries.