In this action to recover damages for medical malpractice concerning a fatal fall by an 80-year-old patient suffering from dementia, the Appellate Division, Second Department, in accordance with our arguments on appeal, reversed the lower court’s order and reinstated the complaint, holding that defendant’s expert failed to establish the requisite familiarity with the standards of care pertinent to geriatric/nursing home care and, therefore, defendant failed to meet its prima facie burden on summary judgment.
Deitch v. Sands Point Center for Health and Rehabilitation
