CAREY v. ST. BARNABAS HOSP.

6786, 300917/11.

162 A.D.3d 435 (2018)

75 N.Y.S.3d 36

2018 NY Slip Op 04077

Linda Carey, as Administrator of the Estate of Viola Carey, Deceased, Respondent, v. St. Barnabas Hospital, Appellant, et al., Defendant.

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

Decided June 7, 2018.


Defendant hospital failed to make a prima facie showing of entitlement to summary judgment. In reaching the conclusion that the hospital staff took appropriate measures to prevent pressure sores, defendant's expert asserted that decedent's right heel ulcer was first observed on March 17, 2009, after which the hospital took appropriate measures. However, hospital records show that a nurse first observed the ulceration on March 4, 2009, but that no action was taken until March...

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