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CG&P Obtains Dismissal of Nursing Home Negligence and Public Health Law Claims

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CG&P Obtains Dismissal of Nursing Home Negligence and Public Health Law Claims

CG&P secured the dismissal of an action alleging nursing home negligence and violation of resident rights under Public Health Law § 2801-d. It was claimed that the nursing home was negligent and violated resident rights in failing to prevent pressure ulcers, failing to prevent falls, and failing to prevent malnutrition and dehydration. It was also claimed that the nursing home was negligent in failing to timely diagnose a gastrointestinal bleed when the resident presented with blood in his stool over the course of 1 week; and that the delay in diagnosis resulted in death secondary to gastrointestinal bleed. CG&P was able to effectively characterize some of the plaintiff’s claims as sounding in medical malpractice which were time-barred by the statute of limitations. CG&P also argued that the nursing home complied with the standard of care and did not violate any resident right with respect to their management of the resident. The Court dismissed the plaintiff’s complaint on the grounds that the medical malpractice claims were barred by the statute of limitations and that the plaintiff’s expert affidavits were insufficient to refute the affidavit submitted by our expert on the claims for negligence and violation of resident rights. The case was handled by CG&P partner Michele R. Levin and Of Counsel Mili Makhijani.