ENT/Plastic Surgeon Denied Dismissal of Patient's Malpractice Claim For a Disfigured Nose

This week an appellate court covering Nassau County reversed the decision of a trial court Judge who dismissed the malpractice claim of a woman who underwent surgery at Beth Israel Medical Center for a deviated septum and was left with a disfigured nose. The patient's claim against a plastic surgeon and an ENT will now be decided by a jury. The case had been wrongly dismissed on the ground that the patient had accepted a settlement from the hospital where the surgery took place. In exchange for the payment of $4000, the patient (who had yet to retain an attorney) signed a general release flowing to the hospital and anyone else "claimed to be liable jointly with the" hospital. The appellate court explained that the trial court Judge was wrong to conclude the release covered the two surgeons sued because those doctors were not "jointly liable" with the hospital.

This was a reasonable conclusion as the hospital in these types of cases always argues that they serve merely as a hotel providing the facilities for the surgeons to operate; that the surgeons are not employed by them; that the surgeons are selected by the patient prior to the surgery; and, therefore they are not liable for any malpractice caused by those surgeons. As such, the language in the general release could not apply to surgeons who indeed, were not in the employ of the hospital. Hoffman v Horn, 2018 WL 522924

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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