Alyssa was successful in obtaining a full dismissal of plaintiff’s suit, sounding in negligence, medical malpractice and violations of the Public Health Law related to a patient’s independent transfer from bed to wheelchair despite having been told to call for assistance and wait for a nurse. Expert testimony supported defendant’s argument that appropriate fall prevention protocols were in place, and the plaintiff’s failure to adhere to instructions resulted in the incident. The complaint was dismissed in its entirety.
