Hospital Denied Dismissal of Claim Filed By Brain Damaged Victim of Gall Bladder Surgery

On February 21, 2017 an intermediate appellate court covering Manhattan, upheld a New York County Judge's ruling that denied a motion to dismiss the malpractice claims filed by 61 year old male who underwent routine gallbladder surgery at New York and Presbyterian Hospital. Hours following surgery the patient suffered a cardiopulmonary arrest which has left him in a permanent vegetative state dependent on a ventilator for oxygen.

The attorney's for the patient submitted expert affidavits from a surgeon and anesthesiologist and successfully argued to the Court: 1) there was a failure to identify red flags that the patient was experiencing an overdose or adverse reaction to morphine administered by an anesthesiologist; 2) there was a delay in calling a code and that bag mask ventilation and chest compressions "if started immediately can substantially ameliorate the risk of permanent sequelae such as what happened to this patient". Severino v Weller 2017 WL 671870. The defendant's submitted expert affidavits who claimed there was no malpractice. As such the appellate court agreed that a jury will have to decide which side's experts is to be believed.

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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