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Internist Wins Appeal to Throw Out Manhattan Jury Verdict for Wrongful Death of Patient

By Ronald C. Burke, Esq on Nov 02, 2017 | 1 Comments

Last month the appellate court covering Manhattan upheld a trial court Judge who dismissed a wrongful death action against an internist - AFTER a jury found in favor of the patient's family. The jury determined that the internist failed to timely diagnose gastric cancer and instead attributed the patient's complaints to acid reflux and hiatal hernia. The internist treated the patient according to the plan of a gastroenterologist he consulted who recommended acid reducers and antibiotics. It wasn't until the patient's complaints increased that the internist referred the patient for further testing some 5 months later that led to a diagnosis of stage 4 gastric cancer.

The Appellate Court found that the patient's expert on which the jury relied was too speculative on whether the gastric cancer was indeed present, detectable and treatable. This expert neglected to explain what test would have revealed the gastric cancer and when. As per the Appellate Court, there was insufficient expert testimony on whether earlier treatment would have cured the cancer. 2017 WL 4781268

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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EMU Queens

Posted Mar 02, 2022 at 04:08:53

Nice Post

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