Tammy Trees secured a dismissal of the Complaint in a medical malpractice case venued in Kings County that involved claims of medical malpractice, negligence, lack of informed consent, and violation of Public Health Law § 2801-d.

Plaintiff commenced this action to recover damages for injuries that included anoxic brain injury secondary to the patient’s self-decannulation of her trach tube, which left her in a permanent vegetative state. The crux of plaintiff’s claim against the internist client was that, because the patient had a prior history of self-decannulation, the internist should have ordered that restraints be applied.

Ms. Trees moved for summary judgment pursuant to CPLR 3212. She argued that all of the care and treatment provided by the internist conformed with the standard of care for a patient on a specialized unit known as the trach unit. She further argued that deposition testimony established that, in a nursing home, the standard of care is that all trach care is provided by pulmonologists, respiratory therapists, and nurses, and that the internist had no role in the management of the trach. Ms. Trees also argued that the failure of the internist to upgrade to the use of mittens was unlawful under New York Public Health Law § 2803-c(3)(h) and New York Health Code §§ 415.3 and 415.4(e)(2), as it was not proven that less restrictive measures were ineffective.

In an Order entered with the Clerk of the Court on December 17, 2025, Justice Patria Frias-Colon granted Ms. Trees’ motion for summary judgment in its entirety. Justice Frias held that the internist established prima facie entitlement to summary judgment on all causes of action, that plaintiff failed to raise a triable issue of fact, and that plaintiff’s expert failed to establish familiarity with the applicable standard of care in internal medicine within a nursing home.