MYERS v. AMERICARE CERTIFIED SPECIAL SERVICES, INC.

11101.

180 A.D.3d 582 (2020)

119 N.Y.S.3d 119

2020 NY Slip Op 01281

Anetha Myers, Respondent, v. Americare Certified Special Services, Inc., et al., Defendants, and St. Barnabas Hospital, Appellant.

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

Decided February 25, 2020.


St. Barnabas made a prima facie showing of entitlement to judgment as a matter of law. St. Barnabas submitted an affirmation from a medical expert establishing that the treatment provided to plaintiff's decedent, who had a sacral ulcer, comported with good and accepted practice, and that the failure of the ulcer to heal was the result of decedent's many comorbidities, rather than any failure of care on the part of St. Barnabas (see Alvarez v Prospect Hosp.,

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