Partner Carl Formicola recently prevailed on a motion for summary judgment in a medical malpractice case against a skilled nursing facility. The central allegation was that the facility had permitted to develop and had failed to treat a pressure ulcer in a resident.
Carl argued to the Court that the facility provided a proper assessment for the resident on her admission, that a comprehensive care plan was established, that all physician orders were followed, and that any necessary interventions were implemented.
Plaintiff’s counsel argued that the assessments, treatments and interventions were insufficient and that the facility failed to properly treat the ulcer after it developed.
The Court rejected plaintiff’s counsel’s arguments. Summary judgment was granted and the case dismissed.