Delayed Treatment of Testicular Torsion In 13 Year Old Results In Orchiectomy

On August 21, 2019 an appellate court revived a medical malpractice claim that had been dismissed against a urologist, an emergency medicine physician 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 of his abdomen. Various tests, including an abdominal CT scan, ruled out an appendicitis or other emergent condition, so the boy was discharged home. The next afternoon he returned to the same emergency room complaining of testicular pain and swelling - but - there was an additional delay of 2 1/2 hours in performing an ultrasound and over a 3 hour delay in surgery to "de-torsion" the right testicle. Both sides agreed that there is a very brief window of opportunity to save the testicle which requires prompt surgical intervention. At surgery it was found that "the right testicle was twisted three full turns" which cut off blood supply destroying the testicle.

An orchiectomy was performed to remove the testicle and replace it with a prosthesis. The lower court dismissed this case on a finding that plaintiff's pediatric emergency medicine was from Connecticut and lacked the experience of a urologist. The appellate court disagreed stating that an out-of-state expert in pediatric emergency medicine was "qualified to opine as to whether the delays in diagnosing and treating the infant plaintiff's testicular torsion, an emergent condition, deviated from the accepted standard of care and whether the deviations were a proximate cause of the loss of the infant's testicle." The experts from both sides will now have to present their medical arguments to a jury who will decide whether to hold the defendant's liable and, if so, how much money should be awarded to compensate the boy for his loss. M.C. v Huntington Hospital, 2019 WL 3938520

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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