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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 has secured the dismissal of an action alleging nursing home negligence and violation of resident rights under Public Health Law § 2801-d. The plaintiff sought damages for development and progression of Stage IV pressure ulcers; for development of Dilantin toxicity as a consequence of inappropriate medication administration; and for malnutrition and dehydration. The Court found that the plaintiff’s expert affidavit was conclusory and speculative and was insufficient to refute the expert affidavits submitted by our expert. The case was handled by CG&P partner Michele R. Levin.