Flemming v. Barnwell Nursing Home and Health Facilities
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Kane, J.
Plaintiffs decedent was a resident of defendant’s skilled nursing facility when she developed septic shock and passed away. *164Following her death, the Department of Health (hereinafter DOH) investigated the conditions at defendant’s facility and found numerous violations of DOH rules and regulations. After plaintiff commenced this action against defendant and decedent’s physician alleging medical malpractice, negligence and wrongful death, plaintiff moved to amend his complaint to add a cause of action pursuant to Public Health Law § 2801-d— which provides a private…
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