By Ronald C. Burke, Esq on Jun 08, 2020 | 0 Comments
On May 21, 2020 an appellate court reversed the decision of Supreme Court Bronx County Justice Douglas E. McKeon, which dismissed a claim of a brain damaged baby against the New York City Health & Hospital Corporation without a trial. The issue was whether the hospital's staff caused a baby's inj...
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By Ronald C. Burke, Esq on May 29, 2020 | 0 Comments
An appellate court covering an appeal from a Kings County jury verdict set aside a $700,000 verdict awarded to a woman who was injured during a routine dilation and curettage (D & C) procedure. The D & C was performed to address complaints of abdominal pain due to uterine fibroids. During the pro...
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By Ronald C. Burke, Esq on May 28, 2020 | 0 Comments
On May 26, 2020 an appellate court covering Orange County Supreme Court agreed that an Urgent Care Center must stand trial on a claim of medical malpractice which deprived a patient of a substantial opportunity to avoid a below-the-knee amputation. The patient had one visit to an Urgent Care Cent...
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By Ronald C. Burke, Esq on Jan 16, 2020 | 0 Comments
On January 9, 2020, Justice Joan Madden of the New York County Supreme Court denied a motion of New York University Langone Medical Center to dismiss a pediatric/nursing malpractice claim involving a newborn who within 24 hours of discharge was found to have suffered profound brain damage due to ...
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By Ronald C. Burke, Esq on Nov 26, 2019 | 0 Comments
On November 21, 2019, Justice Joseph E. Capella, Supreme Court, Bronx County reduced a $90,000,000 verdict for pain and suffering to $30,000,000. The jury agreed with plaintiff's counsel who argued that St. Barnabas Hospital had failed to properly treat a 50 year old woman's asthma over the cours...
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By Ronald C. Burke, Esq on Nov 11, 2019 | 0 Comments
Last month Suffolk County Supreme Court Justice St. George denied a motion to dismiss a wrongful death medical malpractice claim against a cardiologist. The suit was filed by the wife of a 51 year old attorney who died as a result of congestive heart failure brought on by hypertension and atheros...
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By Ronald C. Burke, Esq on Sep 16, 2019 | 0 Comments
Last week, an appellate court reversed Justice Ellen Spodek of the Supreme Court, Kings County who presided over a wrongful death medical malpractice action against Maimonides Medical Center (Maimonides). The decedent's family claimed, that the emergency room physician properly diagnosed his pati...
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By Ronald C. Burke, Esq on Sep 12, 2019 | 0 Comments
On September 11, 2019, an appellate court threw out a Queens County jury verdict in favor of a patient, finding that a one month delay in advising a post-op patient of the need for further spinal surgery was inconsequential.
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By Ronald C. Burke, Esq on Sep 06, 2019 | 0 Comments
On August 28, 2019 the appellate court covering Queens County revived a dismissed malpractice case, but held that the dilatory conduct of plaintiff's attorney would be better punished by refusing him the right to depose any of the physicians or nurses employed by the hospital defendant. The plain...
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By Ronald C. Burke, Esq on Aug 27, 2019 | 0 Comments
Last week an appellate court held that a New York, Niagara County Supreme Court Justice violated the First Amendment rights of a family suing a hospital and physicians for prematurely declaring their father dead and delaying emergent heart surgery for hours. The decedent was brought to an emergen...
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By Ronald C. Burke, Esq on Aug 26, 2019 | 0 Comments
On August 21, 2019 an appellate court revived a medical malpractice claim that had been dismissed against a urologist and Huntington Hospital located in Suffolk County, New York. A 13 year old boy presented to the emergency room at Huntington Hospital complaining of pain in the lower right side o...
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By Ronald C. Burke, Esq on Aug 08, 2019 | 0 Comments
Yesterday, a real estate developer filed a legal malpractice complaint in New York County against Herrick Feinstein, LLP, claiming that his lawsuit against a former business partner was irreparably damaged becauseĀ a federal court Judge won't allow expert testimony at the trial in November due to...
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By Ronald C. Burke, Esq on Aug 07, 2019 | 0 Comments
A plastic surgeon will have to stand trial on a patient's malpractice complaint that his surgery caused total vision loss in her left eye. The plaintiff/patient was a 35 year old woman who agreed to undergo multiple procedures in 2015 to ...
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By Ronald C. Burke, Esq on Jul 31, 2019 | 0 Comments
The wrongful death/medical malpractice claim brought by the widow of the famously popular music star Glenn Frey (member of the "Eagles" band) is battling with The Mount Sinai Hospital over disclosure of financial records related to her deceased husband's earnings .Frey passed away in January 2016...
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By Ronald C. Burke, Esq on Jul 30, 2019 | 0 Comments
On July 17, 2019 a Brooklyn jury awarded $5,000,000 to the Estate of a 39 year old woman who died a year and a half after a cadaver kidney transplant surgery. Her death was a result of serious complications due to a urinary leak caused by an improperly secured ureter (urinary tube from kidney to ...
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By Ronald C. Burke, Esq on Jul 26, 2019 | 0 Comments
On July 25, 2019 an appeals Court reversed an Order of a trial court that refused to dismiss a defamation claim against an emergency room physician filed by the parents of a 2 year old boy who suffered an unexplained skull fracture. The ER doctor questioned the parents who were unable to explain ...
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By Ronald C. Burke, Esq on Jul 18, 2019 | 0 Comments
Last month, an appellate court hearing appeals from Queens County cases reversed a trial court and granted St. John's Episcopal Hospital South Shore motion to dismiss the case of a patient suing for sexual assault. The plaintiff while admitted as a patient of St. John's claimed to have been sexua...
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By Ronald C. Burke, Esq on Jul 09, 2019 | 0 Comments
On July 2, 2019 an appellate court agreed that Dr. Francois Lacour-Gayet, Chief of Pediatric Cardiothoracic Surgery at Montefiore Medical Center, was not entitled to dismissal of an infant's claim for medical malpractice. The lower court found that the heart surgeon had departed from accepted sta...
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By Ronald C. Burke, Esq on Jul 01, 2019 | 0 Comments
On June 26, 2019, an appellate court in New York held that a urologist involved in the diagnosis and successful treatment of prostate cancer, had no legal obligation to order or perform an unrelated colonoscopy as part of a complete cancer screening. Unfortunately, this same patient who survived ...
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By Ronald C. Burke, Esq on Jun 26, 2019 | 0 Comments
On June 14, 2019, a New York appellate court rejected a defense verdict awarded to a vascular surgeon by an upstate jury regarding the performance of an aortobifemoral bypass. The malpractice theory advanced at trial was that the surgeon failed to properly inspect the bowel as it was returned to ...
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By Ronald C. Burke, Esq on Jun 21, 2019 | 0 Comments
On June 19, 2019, an appellate court ruled that a neurosurgeon was not entitled to dismiss a wrongful death - medical malpractice case without a jury trial. The neurosurgeon performed microvascular decompression surgery on the plaintiff's decedent to treat trigeminal neuralgia and discharged him ...
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By Ronald C. Burke, Esq on Jun 19, 2019 | 0 Comments
In a recent decision an appellate court reversed Justice Kevin Kerrigan's Order to set aside a plaintiff's verdict in a brain damaged baby case. Because the jury reasonably found malpractice but unreasonably failed to award any monetary compensation to the child, the appellate court ordered that ...
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By Ronald C. Burke, Esq on Jun 12, 2019 | 0 Comments
On June 6, 2019 the appellate court handling appeals from Bronx County affirmed a trial court Judge who allowed a brain damaged baby leave to file a late notice of claim - even though there was no reasonable excuse offered for the delay. It was found that the New York City Health & Hospitals Corp...
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By Ronald C. Burke, Esq on Jun 12, 2019 | 0 Comments
Battle of Experts In Malpractice Case Determined By Court on A Pre- Trial Motion
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By Ronald C. Burke, Esq on May 24, 2019 | 0 Comments
On April 12, 2019, a Bronx jury found in favor of a woman who sought help for an asthma attack and within 10 days suffered permanent irreversible brain damage. It was claimed that the doctors at the hospital failed to transfer the patient to a nearby hospital that had a heart-lung machine because...
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