Starting the New Year Off Right!
Kick-starting what is anticipated to be a banner year for the attorneys of SACS, Ed Kim secured a well-earned victory in the face of another attempt by a plaintiff to ignore the facts and medical realities of an unfortunate outcome. The Supreme Court granted summary judgment in favor of a Long Island rehabilitation facility in which the plaintiff alleged malpractice which resulted in the development of pressure ulcers in an elderly patient. The Court astutely agreed with Ed’s arguments that there was no departure from the standard of care, and that the patient’s condition and outcome was an unfortunate confluence of end-of-life circumstances of a dying patient, coupled with the facilities obligation to follow the desires of the patient through her Life Care Plan. The Court determined there were no departures, and dismissed the complaint in its entirety.