The firm recently secured summary judgment on behalf of our hospital client in an action of malpractice stemming from a fall by the then 92 year old plaintiff. It was established the plaintiff was properly assessed immediately upon admission as having been high risk for falls, he was oriented and alert and received the appropriate instructions with regard to getting out of bed. We were able to establish the hospital put into place the appropriate interventions, including raising the side rails, appropriate foot wear, instructions and placement of a call bell. The Court held plaintiff did not meet his burden in rebutting the entitlement to summary judgment