Lang And McCrink Prevail On Summary Judgment And Dismissal In Nursing Home Matte

Kathryn Lang (Associate-White Plains) and Katherine McCrink (Partner-White Plains) obtained summary judgment and dismissal for a rehabilitation and nursing center, where the resident decedent was admitted for three days and came in with preexisting pressure ulcers. No new wounds developed during the admission and the preexisting wounds did not deteriorate. The plaintiff claimed that the facility failed to provide appropriate wound assessments and wound care; document turning and positioning; adequate nutrition and hydration; and a special mattress. Our expert geriatrician opined that the facility timely assessed the decedent, but he refused a wound consult; the wounds remained stable during the short admission; and turning and positioning documentation was unnecessary, as there was a turning mattress in place. The decedent also was documented as having refused staff members' attempts to further turn and position him. Co-defendant hospital's motion for summary judgment was denied.