Daniel O’Connell successfully obtained summary judgment on behalf of an esthetician and dermatology practice in a medical malpractice action venued in Nassau County, resulting in the complete dismissal of all claims against the client. The Court granted summary judgment in its entirety, ruling in favor of the defense and rejecting plaintiff’s allegations of neurological injuries […]
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 […]
