Colon Perforation During Colonoscopy--Patient Award of $1,000,000 Upheld

On August 23, 2017, an Appellate Court covering Brooklyn upheld a jury's award of $1,000,000 to a medical malpractice claimant whose colon was perforated during a routine colonoscopy. The jury found Jeffrey S. Aronoff, M.D. (colon -rectal surgeon) committed two separate departures (errors) from accepted standards of medical care in: 1) failing to advise the patient of the signs and symptoms of a bowel perforation; and, 2) failing to properly treat the infected perforation after it had been found on a CT scan. Physician's fairly argue that a perforation of the bowel is a known and accepted risk of a colonoscopy. However, the "accepted risk of the procedure" defense does not excuse the subsequent injuries which could have been avoided if the perforation was promptly detected and treated before the inevitable occurs-- fecal matter from the colon spilling into the abdominal cavity causing infection and sepsis.

The appellate court also agreed that the $1,000,000 in damages awarded for pain and suffering was not excessive considering that the patient was forced to undergo three surgeries due to the bowel perforation: 1) "a Hartmann procedure in which a foot-long section of his colon was removed, requiring a colostomy"; 2) a surgery to reverse the colostomy; and, 3) a surgery to repair a hernia that developed due to the Hartmann and reversal surgeries. According to the New York State Physician Profile website, Dr. Araonoff has settled 4 medical malpractice lawsuits between 2012 and 21015. See, Gaspard v Aronoff, 2017 WL 3612031

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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