Case Dismissal

Alejandra Gil, a Partner in our White Plains office, recently obtained a finding of no liability on behalf of a Bronx nursing and rehabilitation center at an arbitration conducted by NAM arbitrator Jaqueline Stein, Esq. Plaintiff claimed that the decedent-resident fell due to a loose handrail in her bathroom, and inadequate care plans to address her fall risk. Ms. Gil successfully cross-examined plaintiff’s geriatric medicine expert as to the fall risk care plans to establish that they were sufficient, and the decedent fell because she chose to use the bathroom without requesting assistance. Ms. Gil also presented testimony from the nursing home’s Director of Nursing and from a nursing expert to establish the decedent’s non-compliance and the adequacy of the care plans. The arbitrator held that plaintiff failed to establish that the care plans were inadequate, and that there was no evidence of a loose handrail.