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Patient's Estate Allowed To Add New Claim Against Hospital For Hiring Surgeon With History Of Disciplinary Actions

On July 5, 2017 the Appellate Division covering appeals in Brooklyn ruled in favor of a family who filed a wrongful death medical malpractice suit against Wyckoff Heights Medical Center. They wanted to assert new theories of liability against the hospital and the lower court Judge refused to allow an amendment to the family's complaint. The patient involved died after lengthy treatment for decubitus ulcers (bed sores) that were infected. During at least part of the time, a surgeon named Dr Chendrasekhar (Dr. C) treated the patient.

Once sued the hospital filed its own suit against Dr. C essentially claiming that if they are held responsible to pay any damages to the patient's family, they want Dr. C to pay them back because any malpractice was his fault. The hospital's suit against the surgeon caused the patient's family to learn that Dr. C had "disciplinary proceedings against him in five different states, and his medical malpractice history, which included six medical malpractice actions" pending against him in Brooklyn.

The appellate court's ruling now permits the family to claim that the hospital was negligent in hiring, retaining and supervising Dr. C and let a jury decide the issue. Gomez v Buena Vida, 2017 WL 2855893

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts of 2011" and "Top New York Settlements of 2012." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He is a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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