robert.cristiano@wilsonelser.com

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Robert Cristiano defends against medical malpractice claims with a concentration in long-term care and nursing home claims in state and federal courts. During his career, Robert has successfully litigated cases and appeals throughout New York as an attorney at a well-known medical malpractice plaintiff’s firm and as a partner at a respected Long Island law firm. 

While at St. John’s University School of Law, Robert volunteered at the Elder Law Clinic. He served as an intern at the New York State Supreme Court Appellate Division, First Judicial Department, and for the Honorable Leonard D. Wexler of the Eastern District of New York.

Areas of Focus

Long-Term Care & Nursing Home Facilities
Robert takes a deep interest in understanding how each facility operates and how they document care in order to properly defend an action by identifying crucial details. He has more than 18 years of experience as a plaintiff’s attorney and can offer analysis from both a defense and plaintiff perspective. 

    Education

    • St. John's University School of Law (J.D., 2003)
      • Editor, American Bankruptcy Institute Law Review
    • Boston College (B.A. History, 2000)

    Bar Admissions

    • New York

    Court Admissions

    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Southern District of New York

    Professional Affiliations

    • New York State Academy of Trial Lawyers
    • Federal Bar Association
    • Nassau County Bar Association

    Awards & Honors

    • Selected for inclusion in Super Lawyers®, 2021

Robert J. Cristiano

Cristiano and DeBraccio Secure Summary Judgment Dismissal in Westchester County Nursing Facility Case

Robert J. Cristiano (Of Counsel-White Plains, NY) and Steven V. DeBraccio (Of Counsel-Albany, NY) secured dismissal in the Supreme Court of the State of New York, Westchester County, on behalf of Wilson Elser’s skilled nursing facility client. An 89-year-old resident allegedly suffered multiple falls resulting in a left femoral intertrochanteric fracture, conscious pain and suffering, altered mental status, significant emotional pain and suffering, weakness, lethargy, and mobility impairment. The plaintiff asserted claims for continuous negligence, gross negligence, New York Public Health Law violations, medical malpractice, and lack of informed consent, including allegations that the facility failed to prevent the decedent’s falls, failed to implement an individualized care plan addressing his high fall-risk status, failed to follow its policies and protocols, and failed to properly train, supervise, and oversee personnel. Although a fact-specific case, Robert and Steven’s summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and support from our geriatric expert, who established that our client properly monitored and treated the decedent, did not deviate from the standard of care, did all that was reasonably necessary to prevent the deprivation or limitation of a right afforded under the New York Public Health Law, obtained proper informed consent, and that the falls were clinically unavoidable. The plaintiff’s counsel was unable to raise triable issues of fact as to causation based on the record developed by Wilson Elser, and the Westchester Court dismissed the case with prejudice.

Robert J. Cristiano and Steven V. DeBraccio

McCrink and Cristiano Secure Dismissal for Skilled Nursing Facility in Wrongful Death Action

Katherine L. McCrink (Partner-White Plains, NY) and Robert J. Cristiano (Of Counsel-White Plains, NY) prevailed on their motion for summary judgment in the Supreme Court of the State of New York, Bronx County, on behalf of Wilson Elser’s client, a skilled nursing facility. In this medical malpractice, statutory violation, and wrongful death action, an 88-year-old resident allegedly suffered pressure ulcers to the sacrum, bilateral buttocks, bilateral hips, and great toe, leading to osteomyelitis and death. The plaintiff alleged continuous New York Public Health Law violations, medical malpractice, negligence, and gross negligence, including a failure to properly assess and reassess the decedent, provide appropriate care plans, provide proper care and treatment, turn and position the decedent, and provide the decedent with proper nutrition, hygiene, and hydration. Although a fact-specific case, Kate and Robert’s summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and the support of our geriatric expert, who established that our client properly monitored and treated the decedent, took all reasonably necessary measures to prevent the deprivation or limitation of a right afforded under the New York Public Health Law, and that the pressure ulcers were clinically unavoidable. Despite graphic wound photos and gaps in the turning and positioning records, plaintiff’s counsel was unable to raise triable issues of fact as to causation from the record Kate and Robert developed. Accordingly, the Bronx Court dismissed the case with prejudice.

Katherine L. McCrink and Robert J. Cristiano

Cristiano and DeBraccio Secure Summary Judgment in Brooklyn for Skilled Nursing Facility

Robert J. Cristiano (Of-Counsel-Long Island, NY) and Steven V. DeBraccio (Of Counsel-White Plains, NY) obtained summary judgment in the Kings County Supreme Court, Brooklyn, New York, on behalf of Wilson Elser’s client, a skilled nursing facility. The plaintiff brought negligence, gross negligence, negligent hiring, vicarious liability, Public Health Law, and wrongful death claims, alleging that the 67-year-old plaintiff-decedent suffered pressure ulcers, endocarditis, sepsis, malnutrition, dehydration, and a fall resulting in a traumatic brain injury due to our client’s failure to provide appropriate turning and positioning, skin care, hydration, nutrition, infection prevention, wound care, monitoring of preexisting conditions, and failing to prevent the plaintiff’s fall.

Although a fact-specific nursing and medical care case, Robert and Steven’s summary judgment motion was supported by targeted deposition testimony elicited from the plaintiff and Wilson Elser’s geriatric expert, who established that our client properly monitored and treated the decedent, was not negligent, satisfied its obligations under the Public Health Law, and that the decedent’s pressure ulcers were pre-existing and did not worsen at the client’s facility. Despite the severity of the injuries, the plaintiff was unable to raise any triable issues of fact as to liability or causation from the established record, and the court dismissed the action with prejudice.
 

Robert J. Cristiano and Steven V. DeBraccio

McCrink and Cristiano Score Summary Judgment in MedMal Negligence Case

Kate McCrink (Partner-White Plains, NY) and Robert J. Cristiano (Of-Counsel-Long Island) represented a physical therapist in a negligence action in which an 82-year-old allegedly suffered Stage IV pressure ulcers to the right heel and leg because of the client’s alleged misuse and mismanagement of the patient’s AFO brace and failure to check the patient’s skin. Although a fact-specific case, Kate and Robert’s summary judgment motion was supported by targeted deposition testimony elicited from the resident’s family, and support from our geriatric and physical therapy experts who established that our client properly monitored the patient’s skin and appropriately applied and managed the use of the AFO brace. Plaintiff’s counsel was unable to raise a genuine issue of fact from the record they created, and the court dismissed the case with prejudice.

Katherine L. McCrink and Robert J. Cristiano

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