Doctor of "Manipulative Medicine" Must Stand Trial for Failing to Refer Teenaged Patient to a Vascular Specialist

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 to 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 Medicine". The doctor testified the patient complained of pain in her hand with color changes in the elbow and a cold arm.The doctor believed it was likely the young lady had "thoracic outlet syndrome which occurred when there was an injury to one of three structures in the thoracic outlet, which are the subclavian artery and vein, and the brachial plexus." Two days after treating with the defendant, the patient suffered a stroke due to a blood clot in her subclavian artery.

The thrust of the malpractice claim is that based on the reported symptoms and the results of a doppler study, the defendant doctor was negligent for failing to refer the patient for additional tests and an emergent consult with a vascular specialist. The Court denied the doctor's pre-trial motion for summary judgment (dismissal) and stated that a jury should determine whether plaintiff's expert is correct in stating that had the defendant "taken these steps, the young lady's condition would likely have been discovered and her stroke prevented". Jane Doe v Doctor, 2018 WL 3371314 

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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