St. Peter's faces fall claims

Broken hips prompt two lawsuits

By David Baker
Posted Wednesday, Jan. 15, 2014
269 words

Two lawsuits both alleging that a patient in St. Peter’s Hospital fell and broke a hip are scheduled to go to trial early this year.

In the first claim, it is alleged that in May 2009 Eleanor Maloney, a known fall risk, fell while attempting to walk from her bed to a bathroom after her call bell went unanswered.

“By reason of the negligence of the Defendant, decedent Eleanor D. Maloney sustained severe and permanent injuries including but not limited to displaced fractured right hip, facial contusions, right hip pain, right leg pain and severe bruising to her body,” attorney Tracy L. Bullet of Tabner, Ryan & Keniry alleges in a legal document in the claim.

The hospital is represented by Thorn, Gershon, Tymann & Bonanni.

Maloney died in December 2011. The case is scheduled to go to trial on May 27, 2014.

In the second case, Jennifer Sober, acting as the guardian of Patricia Howland, alleges in a legal document that on December 16, 2010 Howland fell in her hospital room, breaking her right hip.

“…at all times herein relevant,” the document says, “the defendant, its managers agents, servants and/or employees were aware that the said Patricia Howland herein was incapable of properly caring for herself and that she was incapable of walking or standing without assistance.”

As a result of the fall, Howland had surgery to repair a fractured right hip, according to the complaint.

The lawsuit was filed by Robert Beecher of Albany.  St. Peter’s hospital is represented by the law firm Maguire Cardona of Menands.

The case is set for trial on February 10, 2014.

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