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SKETCHES OF COURT: Jury rules for nursing home in medical malpractice trial

October 6, 2015 By Alba Acevedo Special to Brooklyn Daily Eagle
Court sketch by Alba Acevedo

In this courtroom sketch, Hon. Karen Rothenberg listens as plaintiff’s attorney David J. Fischman (standing), of the law firm Jaroslawicz & Jaros, addresses the jury in the medical malpractice trial Oliver King (as guardian) v. Menorah Nursing Home.

On a visit to the nursing home on Mother’s Day in 2012, King found his elderly mother, age 96, complaining of pain and wincing at his embrace. Oliver King alleged that his mother claimed to have endured a fall, and he asserted that she was improperly monitored, especially since the nursing home had dismantled a bed alarm.

Menorah Nursing Home, represented by Steven I. Rubin (at left) of the law firm Shaub, Ahmuty, Citrin & Spratt, maintained that staff was closely monitoring the resident. They countered that if a fall had happened, it was highly improbable that there would be no witnesses or that the frail Ms. King could have returned to her bed unassisted.

They alleged via documentation that Ms. King’s first complaint to the nursing home about extreme pain was made the next day and was the result of a spontaneous pathological hip fracture — consistent with the plaintiff’s advanced osteoporosis, and not the result of a fall.

The jury did not believe that the plaintiff had suffered a fall. They deliberated briefly before returning the verdict for the nursing home. Court reporter Teresa McGrath (seated, center) recorded the proceedings in the trial that ended last week in Kings County Civil Term.

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