Another Summary Judgment Win in Westchester County
Another Summary Judgment victory in Westchester County for Associate Joseph Bias!
For the second time in less than a week, Joe was granted Summary Judgment on behalf of his clients – a major New York hospital along with their nurses and physicians – resulting in a dismissal of all claims against them.
In this matter, the plaintiff alleged that the defendants failed to appropriately identify him as a fall risk, failed to implement the appropriate fall preventions, and failed to adequately monitor him while he was admitted to their facility. The plaintiff claimed that as a result thereof, he fell and sustained a femur intertrochanteric fracture requiring surgical correction.
With the assistance of counsel at Mauro Lilling Naparty LLP, the defendants argued that they were immune from liability under the Emergency Disaster Treatment Protection Act, as the treatment rendered to the plaintiff was during the height of the COVID-19 pandemic and there were no allegations of gross negligence to defeat defendants’ entitlement to immunity. The defense also argued that the care rendered to the plaintiff was in accordance with accepted medical practice.
The Court agreed, finding the plaintiff’s opposing arguments to be “unavailing,” dismissing all claims against the defendants in their entirety.
