This medical malpractice matter involved allegations of a failure to timely prevent and treat pressure injuries in a patient who was admitted to a local area hospital with COVID-19. The care at issue occurred during the first phase of the pandemic when the entire metropolitan health system was overwhelmed. After careful review of the case, the Court granted Mario’s motion for summary judgment on behalf of his client on the basis that the defendant’s care was entitled to immunity under New York’s Emergency or Disaster Treatment Protection Act (EDTPA) and that the standard of care was met. Mario was able to effectively demonstrate that the patient’s care and treatment was impacted by the COVID measures instituted at the hospital.
