ER Doctor’s Failure To Manage Young Mother’s Pulmonary Embolism Results In Her Death

On December 26, 2019, an appellate court overruled a Bronx County trial court that had dismissed a malpractice claim concerning a 37 year old mother (of 6 children) who had recently given birth but returned to the hospital with complaints of shortness of breath, racing heart beat and dizziness. She was diagnosed with a pulmonary embolism (lung clot) but was not treated for over three hours because the emergency room physician “waited hours for blood tests and an angiogram to confirm the diagnosis.” The plaintiff's argued that immediate action was required as a pulmonary embolism is often fatal and the delay in treatment increased the risk of death.

The plaintiff's expert justified the need for a jury trial by contending that the standard of care required the prompt administration of the clot busting drug “tPA” (tissue plasminogen activator) which can “dissolve clots and open arteries in 10-15 minutes.” The ER physician contended that it was not his practice to administer tPA for a pulmonary embolism under any circumstances and that he reasonably relied on a blood thinner called heparin. However, even the defendant's expert conceded that the efficacy of heparin to dissolve existing clots is negligible. Heparin is only effective at preventing additional clot growth. A jury will decide which of the experts is credible. Barry v Lee, 2019 WL 7173601

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!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top