The case involved allegations related to the development and progression of a pressure injury prior to and during the COVID-19 immunity period. The Court accepted Elizabeth’s argument, supported by expert opinion, that the wound was clinically unavoidable. The court also applied the immunity statute to the claims of malpractice during the COVID-19 immunity period. The plaintiff opposed the motion with affirmations from an expert and from the plaintiff, a nurse. The Court found that neither created an issue of fact. The decision resulted in dismissal of the case in its entirety.
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