Supreme Court, Ulster County

The plaintiff claimed that the decedent had fallen and sustained a fracture during physical therapy at the defendant hospital. This office submitted competent medical opinion of an expert in orthopedic surgery, establishing that the fracture was not acute, but rather had been sustained some weeks before the patient was admitted for physical therapy, along with the expert opinion of a physical therapist and a physician that the care and treatment provided was within the standard of care. Plaintiff opposed the motion with an attorney’s affirmation annexing portions of the medical record and deposition testimony that the patient had claimed to have been dropped during physical therapy. The plaintiff did not provide an expert’s opinion rebutting the claim that the fracture must have happened weeks before the admission.

Result : Summary judgment granted.
Defense Attorney : For the hospital: Ellen A. Fischer, Sholes & Miller.