Professional Negligence Law Reporter

John McGuire, 92, was admitted to the Burke Rehabilitation Hospital to receive occupational therapy following a left knee replacement. At the time of his admission, he was assessed as being a high fall risk; however, this designation was changed to average fall risk a week into his admission.

McGuire fell while left alone in his bathroom. He suffered a traumatic wound to his left leg, necessitating surgery, which led to sepsis and a fungal infection. He was left with instability in the leg and subsequently fell at home, fracturing his left femur, leading to an above-the-knee amputation of the left leg.

McGuire sued Burke Rehabilitation Hospital, alleging that it failed to properly assess him as a fall risk and failed to monitor and supervise him in the restroom.

The jury awarded approximately $2.06 million.

Citation: McGuire v. Burke Rehab. Hosp., No. 52035/2021 (N.Y. Sup. Ct. Westchester Cnty. Oct. 24, 2023).

Plaintiff counsel: Rikki B. Dascal and AAJ member Adam Roth, both of New York City.

Defense experts: Ira Rashbaum, physical medicine, and Richard Fried, infectious disease, both of New York City.