The Court found that the plaintiff failed to state a cause of action against the resident because, in a medical malpractice action, liability generally may not be imposed in the absence of a physician-patient relationship, which requires the physician to have either affirmatively treated the patient or affirmatively advised the patient as to a course […]

Plaintiff brought wrongful death, Public Health Law, and malpractice claims against a Long Island, New York nursing home. The crux of plaintiff’s claims involved the development and advancement of pressure ulcers leading to infection and death. The BPN team moved for summary judgment in Nassau County. The motion was granted, resulting in dismissal of the […]

Plaintiff brought a nearly 75-page Complaint in Staten Island alleging that a nursing home caused a patient to be exposed to COVID-19, resulting in death. In response, the BPN team moved to dismiss the Complaint, arguing that the claims trigger COVID-19 EDTPA immunity. The court denied the original motion, holding that the Complaint should be […]

The BPN team successfully moved to dismiss all wrongful death, malpractice, and statutory claims against a Long Island nursing home based on alleged failures leading to the death of a resident due to COVID-19. The claims concern care during the height of the COVID-19 pandemic in New York, and a motion to dismiss was made […]