 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rey v. Park View Nursing Home Inc.6/28/1999
Argued - May 10, 1999
OPINION OF THE COURT
In an action to recover damages for personal injuries, (1) the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (O'Connell, J.), dated May 12, 1998, as (a) granted the motion of the defendant Mario Constantino to dismiss the complaint insofar as asserted against him as time-barred, and (b) granted the motion of the defendant Park View Nursing Home, Inc., d/b/a Park View Nursing Home, and d/b/a B&J;Nursing Home, to dismiss the third and fourth causes of action in the complaint insofar as asserted against it, and (2) the defendant Park View Nursing Home, Inc., d/b/a Park View Nursing Home, and d/b/a B&J;Nursing Home cross-appeals from so much of the same order as failed to indicate that its cross claim against the defendant Mario Constantino survived the dismissal of the plaintiff's direct claims against the defendant Mario Constantino, and failed to deem the cross claim a third-party action.
ORDERED that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the plaintiff.
The plaintiff's decedent, a 76-year old stroke victim who had suffered paralysis of the right side of her body, was transferred from a rehabilitation center to the defendant nursing home on September 20, 1993. The decedent's medical records indicated that she suffered numerous medical conditions, including diabetes, senility, and dementia. The records also showed that she was impulsive, had poor safety awareness, and had fallen down on one occasion at the rehabilitation center and required "vest restraint 24 hours a day". The decedent also required an ankle and foot orthosis, a cane, and minimal to moderate assistance in order to ambulate.
The defendant Mario Constantino, a physician affiliated with the nursing home, examined the decedent on the date the decedent was transferred to the defendant Park View Nursing Home, Inc., d/b/a Park View Nursing Home, d/b/a B&J;Nursing Hom (hereinafter the nursing home). The decedent did not have her ankle and foot brace at the time. It is not clear from the record whether the ankle and foot brace accompanied her to the nursing home. In either event, the ankle and foot brace was never located.
On September 22, 1993, the decedent fell or slid out of her wheelchair onto the floor while in the nursing home's main dining room. There is no indication how she slid or fell out of the chair. The nursing home informed Dr. Constantino of the incident, and the decedent was examined and found to have suffered no injuries. In order to prevent a recurrence, the nursing home's staff placed a wedge cushion in her wheelchair.
However, the very next day, on September 23, 1993, the decedent again fell or slid out of the wheelchair. The decedent told the nursing home staff that she was trying to stand up. Dr. Constantino was not advised of this incident. After this incident, the nursing home staff secured the decedent into the wheelchair with a seat belt.
On September 29, 1993, the decedent unbuckled the seat belt, slid out of her wheelchair and fell to the floor. Apparently, prior to this fall, a nursing home staff member became aware that the decedent could unbuckle the belt. A telephone call was made to Dr. Constantino after the fall, who then ordered the decedent confined to a recliner in a supine position to prevent her from attempting to stand up.
On October 3, 1993, the recliner was adjusted to a partially reclined position by the nursing home staff so that the decedent could digest her breakfast. She fell out of the recliner and sustained a hip fra
Page 1 2 3 New York Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|