Legal Opinion

Giandana v. Providence Rest Nursing Home

Appellate Division of the Supreme Court of the State of New York

Decided May 30, 2006PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Mazzarelli, J.

Anna E. Demuth, 91 years old at the time and now deceased, was a patient at the Providence Rest Nursing Home. At some time between 11:00 p.m. on Monday, October 25 and 7:00 a.m. on Tuesday, October 26, 1999, she sustained a fractured femur and multiple bruises to her extremities. These injuries allegedly occurred either while she was being transferred from her bed to a wheelchair, or from the wheelchair to the shower.

An “Accountability Book” was maintained by Providence Rest. This book contained patient charts with details of the specific treatment protocol…

2Cases cited8 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Sillman v. Twentieth Century-Fox Film Corp.New York Court of Appeals · 1957
  3. Loschiavo v. Port Auth. of New York & New JerseyNew York Court of Appeals · 1983
  4. Navedo v. 250 Willis Avenue SupermarketAppellate Division of the Supreme Court of the State of New York · 2002
  5. Reardon v. Presbyterian HospitalAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by1 opinion

  1. Montes v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2007

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