On August 4, 2021, an appellate court reversed the decision of a Queens County Supreme Court Justice who had granted a motion for summary judgment (dismissal of case before jury trial) filed by North Shore-Long Island Jewish Health System (NSLIJ) against a patient who had developed hideous bed sores (pressure decubitus ulcers) on his legs, knees and all over his body. The patient had been admitted to NSLIJ for 3 months. The lower court accepted the opinion of a highly credentialed plastic surgeon who claimed that the hospital staff did not depart from accepted standards and that "given the plaintiff's comorbidities, which limited his ability to heal, the development and progression of the plaintiff's wounds were unavoidable, even with the best treatment."
According to the appeals court, the lower court failed to credit the opinion of a similarly credentialed thoracic surgeon, retained by the plaintiff, who advised the court that the hospital staff departed from accepted standards of care by failing to take preventative measures to prevent decubitus ulcers by "allowing him to remain prone without turning or repositioning him for over 90 hours, without the use of pillows, foam, and gel pads to protect his hips or knees" which could have prevented the severe and permanent decubitus ulcers. The appeals court emphasized that the experts from both sides had vast experience in the prevention and treatment of bed sores which raised an issue of fact that could only be determined by a jury at trial. Cerrone v North Shore-Long Is.Jewish Health Sys., Inc., 2021 NY Slip Op 04593