On May 29, 2019, an appellate court upheld a Nassau County Judge who dismissed a medical malpractice claim filed on behalf of a 69 year old man who developed decubitus ulcers (bed sores) while admitted to Winthrop University Hospital in a persistent vegetative state. The patient subsequently died at a rehab facility due to unrelated reasons. Winthrop filed a motion to dismiss the case relying on their expert's sworn statement that the decubitus ulcers were unavoidable given the patient's condition. This expert was board certified in family medicine and subcertified in both geriatric and wound care.
The plaintiff opposed the motion to dismiss relying on an expert whose practice was limited to pediatric and family practice. This expert argued that the bed sores were avoidable if the standard of care had been followed. The Court rejected the plaintiff's expert stating that there was a failure to explain: "the requisite foundation for the [plaintiff's] expert's asserted familiarity with the applicable standards of care in the fields of geriatric medicine and wound care." Korszun v Winthrop University Hospital, 2019 WL 2275099