Attorney Fails To Present Expert Testimony at Med Mal Trial - But - Wins Legal Malpractice Trial

On June 17, 2021 an Appellate Court refused to overturn a jury verdict in favor of an attorney sued for losing a medical malpractice trial in a New York County Court in 2017. The issue in this case was whether the client or her attorney was to blame for failing to have a medical expert  testify against a surgeon. A medical malpractice plaintiff must  present the testimony of a medical expert to explain to a jury that the defendant physician "departed from accepted standards of practice" and that this departure was a substantial contributing factor in causing the injuries complained of. If your attorney neglects to present expert testimony - you lose. To win a legal malpractice suit against your trial attorney you must prove that the attorney departed from accepted legal standards and that “but for” the attorney's departure, you would have won the medical malpractice trial, which resulted in a financial loss.

The defendant attorney was sued for legal malpractice by his client who claimed that she lost the trial but would have won if only her trial attorney had called a surgeon to testify against the defendant surgeon before resting his case. However, the attorney defeated the legal malpractice claim successfully arguing that: 1) he arranged for a surgeon to fly in from California to New York to testify at the trial; and, 2) the surgeon was present in the Courthouse during the trial but never testified because the client failed to pay the surgeon's fee. In less than 90 minutes of deliberation, the jury decided that the client had failed to prove that the attorney "departed from accepted standards of legal representation” during the medical malpractice trial. Warren v Silas, 2021 WL 2459394.

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 " and "Top New York Settlements." 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 was 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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