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Losak v. St. James Rehabilitation & Healthcare Ctr.
Citation: 2021 NY Slip Op 05961Docket: 2018-04997
Court: Appellate Division of the Supreme Court of the State of New York; November 3, 2021; New York; State Appellate Court
Original Court Document: View Document
In the case of Losak v. St. James Rehabilitation Healthcare Center, the Appellate Division of the Supreme Court of New York reversed a previous Supreme Court order that had denied St. James' motion for summary judgment regarding claims of negligence related to the failure to provide a bed alarm for the plaintiff's decedent. The decedent, an 85-year-old who was recovering from a pacemaker surgery, fell while returning to bed after using the bathroom, leading to hospitalization and subsequent death. The appellate court determined that the allegation of failing to provide a bed alarm constituted a claim of medical malpractice, rather than ordinary negligence, as it involved the assessment of the decedent's condition and supervision needs. St. James was required to demonstrate that there was no breach of accepted medical practice or that any such breach did not cause the injuries. The court found that St. James met this burden, and the plaintiff did not provide sufficient expert testimony to counter the defense's claims. As a result, the appellate court granted St. James' request for summary judgment concerning the bed alarm allegation. Additionally, the court noted that any claims regarding the failure to provide a call bell were not considered, as they were raised for the first time on appeal. The ruling emphasized that the lower court should have granted the motion for summary judgment based on the provided legal standards and evidence.