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 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