NY fall fracture Defense Verdict
Kaufman Borgeest & Ryan, LLP, partner, David Varriale,
recently obtained a unanimous defense verdict in a nursing home
fall/fracture case in New York County on August 17, 2015.
In the case, Gottlieb
v. DeWitt Rehabilitation and Nursing Center, plaintiff alleged
that the staff had been negligent in failing to adequately supervise her, or to
provide sufficient four-sided rails on her bed.
The defense argued that four-sided rails on the bed were not
indicated, and doing so in this circumstance would have been a violation of
state and federal regulations because they are considered a restraint and dangerous.
The defense further argued that DeWittâ€™s nursing assessment and supervision of
Gottlieb were appropriate and, in fact, well above the standard of care.
The jury needed only 15 minutes of deliberation before finding in favor of the
defendant. We are pleased to report this successful vindication of the
nursing home by the jury and should you have any questions regarding the
conduct of the trial, feel free to contact Mr. Varriale. http://www.kbrlaw.com/professional/detail/88