Another Win In The Appellate Division
February 25, 2015
The Second Department today handed down a decision vindicating BM&M’s clients, a hospital and health system, who were sued for personal injuries alleging that the nurses or patient care associates were negligent. The trial court agreed that the defense expert put forth by BM&M established entitlement to summary judgment dismissing the case on the grounds that the injuries were the result of the underlying disease process, and were not the result of any negligence on the part of the staff while assisting or bathing the patient. Plaintiff took an appeal. Our appellate practice group, headed by Robert G. Vizza, Esq., demonstrated by detailed analysis of the voluminous medical record that plaintiff’s expert missed or ignored important technical issues. The Appellate Division, Second Department, affirmed the order granting summary judgment, adding that the defense appropriately objected when plaintiff attempted, unsuccessfully, to raise new theories of liability for the first time in opposition to the summary judgment motion.
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