By Ronald C. Burke, Esq on May 21, 2019 | 0 Comments
Last week an appellate court reversed a trial court that had granted summary judgment to a nephrologist (kidney specialist) and vascular surgeon dismissing the malpractice claim brought by the family of a patient who died due to a complications of dialysis treatment. The appellate court explained...
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By Ronald C. Burke, Esq on May 09, 2019 | 0 Comments
On April 10, 2019 New York City Health & Hospitals Corporation agreed to settle a claim of failing to emergently deliver a baby via cesarean section for $1,750,000.
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By Ronald C. Burke, Esq on Mar 21, 2019 | 0 Comments
Yesterday, the appellate court covering Brooklyn reversed Judge Gloria M. Dabiri and compelled Wyckoff Heights Medical Center to disclose the audit trail of a patient's hospital chart. The patient sued alleging malpractice in his post operative care leading to a below knee amputation. The audit t...
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By Ronald C. Burke, Esq on Mar 11, 2019 | 0 Comments
On March 7, 2019 a federal jury in Miami found that a physician employed by Royal Caribbean Cruises was negligent and caused the death of a man celebrating his 70th birthday with his family. It was claimed that a significant cardiac abnormality causing the passenger shortness of breath could have...
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By Ronald C. Burke, Esq on Feb 21, 2019 | 0 Comments
On February 21, 2019 the New York Law Journal reported that 255 patients of an orthopedic surgeon from Poughkeepsie, Spyros Panos were awarded an aggregate of $140 million for claims related to unnecessary surgeries and lack of proper treatment. The 255 lawsuits were pulled from the Court system ...
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By Ronald C. Burke, Esq on Feb 11, 2019 | 0 Comments
On February 7, 2019, a Chicago Circuit Court Judge denied the motion of a hospital and obstetrician to set aside a jury verdict of $50.3 million awarded by a jury on October 9, 2018 to a baby born with profoundly disabling brain injuries. The 43 year old mother came to the hospital when she was fi...
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By Ronald C. Burke, Esq on Feb 08, 2019 | 0 Comments
On February 6, 2019 the appellate court for Richmond County reversed a trial Judge who denied a motion for summary judgment to an opthalmologist sued for failing to refer his patient to a neurologist. The patient presented to the opthalmologist complaining of pain in his right eye and a droopy ey...
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By Ronald C. Burke, Esq on Jan 17, 2019 | 0 Comments
On January 11, 2019 Justice Paul Marx of the Orange County Supreme Court refused to authorize the payment of appellate fees and litigation funding expenses out of a brain damaged baby's malpractice settlement funds.The plaintiff's attorney arranged a sale of proceeds or loan of approximately $5,0...
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By Ronald C. Burke, Esq on Jan 15, 2019 | 0 Comments
Last week Suffolk County Supreme Court Justice Sanford N. Berland lambasted a local gynecologist for attempting to enforce an agreement his medical group demanded be signed by all their patientr estricting the right to sue and limiting their selection of medical experts. Dr. Benjamin Schwartz of ...
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By Ronald C. Burke, Esq on Jan 08, 2019 | 0 Comments
An appellate court covering Ulster County upheld a jury verdict which awarded $500,000 for one month of pain and suffering to the family of a patient who died due to unrelated complications of cancer. The patient was admitted to Kingston Hospital for cancer care but the evidence revealed that the...
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By Ronald C. Burke, Esq on Jan 07, 2019 | 0 Comments
Last month Nassau County Supreme Court Justice, Jeffrey S. Brown upheld a $1,000,000 jury verdict for a young lady who while visiting an internist was sexually abused by a physician employed by Caring Medical, LLC. The young lady who suffered from intellectual disabil...
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By Ronald C. Burke, Esq on Dec 13, 2018 | 0 Comments
Though a Nassau County jury had exonerated an anesthesiologist sued for malpractice and the wrongful death of his patient, yesterday an Appellate Court, threw out the defense verdict and gave the patient's family a new trial. The reason the family was entitled to a new trial was because of an err...
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By Ronald C. Burke, Esq on Nov 30, 2018 | 0 Comments
On November 28, 2018, an intermediate appellate court covering Orange County, New York, held that a trial judge has the discretion to exclude a severely disabled 14 year old female burn victim from the courtroom during summations in a personal injury action against a nurse and health care facilit...
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By Ronald C. Burke, Esq on Nov 27, 2018 | 0 Comments
Last week the Appellate Division Second Department upheld a lower court Nassau County judge who dismissed a claim of fraudulent concealment of sexual misconduct against a psychiatrist. In 1982, at the age of 24, the plaintiff became a patient of the defendant psychiatrist. In 1993, the psychiatri...
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By Ronald C. Burke, Esq on Nov 19, 2018 | 0 Comments
On September 25, 2018, a jury in Queens County held a rehabilitation facility responsible for the severe injuries suffered by a patient while undergoing physical therapy. The plaintiff/patient was an adult female who was told to stand and walk while holding onto parallel bars - unassisted. The pa...
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By Ronald C. Burke, Esq on Nov 12, 2018 | 0 Comments
On October 25, 2018, an appellate court held that an orthopedic surgeon, hit with an $8,600,000 jury verdict, could proceed to a jury trial to determine whether his malpractice insurer acted in bad faith in refusing to settle. The 36 year old male patient who sued the orthopedist had complication...
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By Ronald C. Burke, Esq on Sep 12, 2018 | 0 Comments
On August 29, 2018, the appellate court covering Nassau County reversed Justice John Galasso who had dismissed the malpractice claim of a college student against North Shore University Hospital, an emergency medicine physician and an orthopedist. The student was participating in try-outs for the ...
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By Ronald C. Burke, Esq on Aug 29, 2018 | 0 Comments
On August 14, 2018, Justice Eileen Rakower of the New York County Supreme Court, granted an unopposed motion filed 14 plaintiff's who are suing Beth Israel Medical Center and neurologist, Richard Cruciani, M.D. for emotional injuries due to claims of medical malpractice, sexual assault and battery.
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By Ronald C. Burke, Esq on Aug 21, 2018 | 0 Comments
On August 1, 2018, the appellate court covering Queens County ruled that a general release signed in 2014 to settle a malpractice suit arising out of an incident in 2009, does not effectuate a release to the same hospital for a second incident of malpractice occurring in 2013. In October 2009 the...
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By Ronald C. Burke, Esq on Aug 01, 2018 | 0 Comments
On July 30,2018, a California appellate court upheld the dismissal of a medical malpractice wrongful death case brought on behalf of her children by the decedent's mother. The case concerns the premature discharge from Community Memeorial Hospital, of an adult woman who was admitted for a head in...
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By Ronald C. Burke, Esq on Jul 24, 2018 | 0 Comments
On July 6, 2018, the United States (US) and Orange Regional Medical center (ORMC) paid $1,075,000 to settle the claim of a woman who went into septic shock and contracted streptococcus pyogenes (Strep A) two days after she underwent a tubal ligation procedure at a federally funded medical clinic. ...
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By Ronald C. Burke, Esq on Jul 17, 2018 | 0 Comments
On July 11, 2018, the appellate court covering Long Island, denied an osteopathic doctor's pre-trial motion to dismiss a patient's malpractice claim and avoid a jury trial. The patient was 15 years old when she sought help from the doctor who claimed to be specialized in "Osteopathic Manipulative Medic...
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By Ronald C. Burke, Esq on Jul 10, 2018 | 0 Comments
On May 23, 2018, a 47 year old ice cream truck operator won a $1 million jury verdict against an orthopedist and the New York Health & Hospitals Corporation for malpractice which occurred at Elmhurst Hospital Center in Queens four years earlier.
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By Ronald C. Burke, Esq on Jun 20, 2018 | 0 Comments
On May 7, 2018 a Queens County jury awarded $3,920,000 to the family of a 63 year old woman who died in 2012 as a result of malpractice in failing to promptly treat a post operative infection caused by a leaking colon. The patient had been diagnosed with uterine carcinoma and underwent a total ab...
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By Ronald C. Burke, Esq on May 25, 2018 | 0 Comments
On Wednesday, a federal court jury found that Dr. Michael Belfiore, an osteopathic family medicine physician,who practiced in Merrick, New York had illegally prescribed oxycodone to two Nassau County residents. These two patients of Belfiore, (one of which was a combat veteran who served in Iraq)...
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