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Partner Kerona K. Samuels secured Summary Judgment in Bronx County Supreme Court on behalf of MCB’s client, a nursing home, which was alleged to have departed from accepted standards of care in the treatment of the plaintiff’s pre-existing bilateral buttock pressure ulcers. The plaintiff also sought punitive damages for alleged violations of state and federal statutes governing nursing homes.
MCB submitted an expert Affirmation establishing that the nursing home met the standard of care in its treatment ofthe resident and did not violate any applicable statutes. The plaintiff opposed the motion with an expert who opined that the nursing home departed from accepted standards of care in its treatment of the resident’s pressure injury, arguing that, given the decedent’s compromised medical history, the facility should have acted above the standard of care to prevent worsening.
In reply, MCB identified errors relied upon by the plaintiff’s expert and argued that the expert had either misread the medical records or applied an incorrect standard. The Court found that the plaintiff’s expert failed to raise a triable issue of fact and granted the motion, dismissing the case against the nursing home in its entirety.