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PEDRAZA v. WYCKOFF HGTS. CTR.

191 Misc.2d 659 (2002)

744 N.Y.S.2d 644

ELEUTERIA PEDRAZA, as Administratrix of the Estate of THEDOSIA GARCIA, Deceased, Plaintiff, v. WYCKOFF HEIGHTS MEDICAL CENTER, Defendant.

Supreme Court, Kings County.

June 4, 2002.

Attorney(s) appearing for the Case

Hoffman & Arshack, New York City (David N. Hoffman of counsel), for defendant.

Coleman, Andrews & Liley, Bronx (Leroi J. Andrews of counsel), for plaintiff.

OPINION OF THE COURT

RICHARD RIVERA, J.

In this negligence action, plaintiff is the niece of the decedent as well as the administratrix of Ms. Garcia's estate. Plaintiff claims that while Ms. Garcia was a patient of the defendant hospital in December 1998, the hospital failed to follow its internal Fall/Injury Prevention Protocol (the protocol) which required it to keep all the bed rails on the decedent's hospital...

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