In the Courts: Court Affirms Dismissal of Case Involving Worsening Pressure Ulcer

May 6, 2016 | Aging Services Risk, Quality, & Safety Guidance

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​The appellate division of the supreme court of the state of New York, second judicial department, has found that a nursing home and other defendants presented expert testimony establishing that a patient's pressure ulcer was inevitable and did not contribute to the patient's death and that expert testimony submitted by the plaintiffs failed to address those issues. In so doing, the court affirmed the dismissal of the complaint.

The 75-year-old patient was in a motor vehicle accident on August 31, 2006. Several days later, he complained of neck pain and found he could not hold a spoon. He went to one of the defendant hospitals, where he was diagnosed with fractures of the cervical spine. He underwent neurosurgery to repair a crushed vertebra on September 18. While at the hospital, he developed multiple infections, including bacteremia, a respiratory infection, and methicillin-resistant Staphylococcus aureus. He also developed a pressure ulcer on his...

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