Associate Molly Moloney Obtains Summary Judgment for New York Hospital in Medical Malpractice Wrongful Death Action

Associate Molly Moloney moved for summary judgment on behalf of our client, a New York based hospital. The plaintiff-decedent presented to our client’s hospital with multiple pressure ulcers and several other life-threatening comorbidities. He received treatment for approximately one month before being transferred to a rehabilitation facility. Plaintiff-decedent was then transferred back to our client’s hospital for a second admission due to pneumonia, where he died several days later. In Molly’s motion, she argued that the plaintiff-decedent’s condition improved during his first admission. Further, it was argued that the defendant hospital was not the proximate cause of the plaintiff-decedent’s death, as he was received in critical condition. The court granted the motion, holding that no triable issue of fact was raised as to the defendant hospital.