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GOODELL DEVRIES OBTAINS DISMISSAL FOR NURSING HOME
On December 28, 2016, Goodell, DeVries partners Craig Brodsky and Tom Monahan obtained a dismissal after the Court concluded that their client was immune from suit. In the case, the Plaintiffs alleged that the nursing home and the codefendant attending physician were negligent in their care and treatment of a patient during his residence between 2010 and 2015. The Plaintiffs claimed that the attending physician and nursing home did not act in the patient’s best interests or in compliance with the standard of care when implementing treatment based on the decisions made by the patient's wife, who held a Healthcare Power of Attorney for her late husband. Mr. Brodsky and Mr. Monahan avoided the rule precluding the use of deposition testimony in support of a motion for summary judgment and instead filed a Plea-in-Bar arguing the nursing home was immune from suit. F
The case, which is believed to be an issue of first impression, could be significant for the Long Term Care industry. In this regard, Skilled Nursing Facilities and Long Term Facilities are often faced with difficult circumstances surrounding end-of-life issues and potential disagreements between family members. With this decision, the Court clarified that Skilled Nursing Facilities and Long Term Care Facilities should not be held liable for following the treatment plans and recommendations made.