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Fourth Department — Medical Malpractice: Welsh v. St. Elizabeth Medical Center

Appellate Division, Fourth Department 

Medical Malpractice

Standard of Care — Developmentally Disabled Patient

Welsh v. St. Elizabeth Medical Center
CA 12-01576
Appealed from Supreme Court, Oneida County

Background: The plaintiff’s decedent was developmentally disabled adult who sustained injuries as a result of a fall from an X-ray table at the defendant hospital. The defendant moved for summary judgment and the motion was denied.

Ruling: The Appellate Division affirmed. The court found that the defendant failed to present proof that it did not deviate from the applicable standard of care when the technician left the room to develop the X-rays that had just been taken, with the decedent still on the table. Further, after the fall, the decedent had remained in the hospital for four days before being discharged. He was readmitted for the broken hip. Therefore, an issue of fact remained for the element of causation.

Matthew J. Van Beveren of Gale Gale & Hunt for the defendant-appellant; Aaron J. Ryder of Bottar Leone for the plaintiff-respondent

 

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