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Female Patient Sues Cardiologist For Performing Rectal Exam Over Her Objection - Dismissal Denied

On June 26, 2018, Justice Barbara Jaffe of the New York County, Supreme Court refused to dismiss the claim of a then 60 year old female patient who sued her male cardiologist for performing a rectal exam despite her protestation. The patient passed away from unrelated causes about 5 years after the incident and there was a 14 month delay in substituting an Administrator of the Estate for the deceased patient. The patient claimed that she had been under her cardiologist's care for years and that he knew she had a primary care physician who would take care of all health issues unrelated to cardiology.

The patient swore that "after completing an echo cardiogram, Defendant announced that he was going to do a rectal examination." In another litigation document (Verified Bill of Particulars) the plaintiff claimed: "Defendant, a cardiologist, against the articulated will and protestation of the plaintiff, inserted his hand into the rectum of the plaintiff. The defendant later stated that it was part of the examination and if plaintiff did not like it, she could find another doctor." 

Suit was filed seeking damages for the physical and emotional pain and suffering caused by the alleged assault. This was an action sounding in assault and not medical malpractice. Therefore, an affidavit of merit from a physician was not required to oppose the motion to dismiss. Justice Jaffe found that a 14 month delay in substituting an Administrator was not unreasonable especially considering that there were medical records and other documentation sufficient to allow the defense an opportunity to counter the claims made. Jane Doe v Zaremski, 2018 WL 3201909

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 of 2011" and "Top New York Settlements of 2012." 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 is 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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