COLLYMORE v. MONTEFIORE MEDICAL CENTER


39 A.D.3d 237 (2007)

833 N.Y.S.2d 438

RONNIE M. COLLYMORE, as Administrator of the Estate of GWENDOLYN COLLYMORE, Deceased, et al., Appellants, v. MONTEFIORE MEDICAL CENTER et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 3, 2007.


Plaintiffs failed to raise a triable issue of fact as to whether the hospital deviated from accepted medical practice when it failed to designate the decedent a "fall risk" upon her admission. Their reliance on the opinion of a registered nurse as to the hospital's alleged malpractice in not having ordered the decedent's bed rails to be left in the raised position was insufficient (see Elliot v Long Is. Home, Ltd., 12 A.D.3d 481...

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