Malpractice Suit For Wrongful Death Thrown Out Due To Attorney's Improper Paperwork

On July 17, 2017 Bronx County Supreme Court Justice Capella dismissed a wrongful death medical malpractice action against a local hospital and nursing home brought by a son on behalf of his dead mother. The Complaint in the first lawsuit referred to the son as a "proposed administrator". The hospital successfully moved to dismiss that lawsuit pointing out to the Court that since formal letters of administration had not been issued to the son by the Surrogate's Court, the plaintiff lacked legal capacity to sue. (When someone dies without a will naming an Executor or Executrix, Letters of Administration must be obtained before filing a claim for wrongful death or personal injuries.)

Five months after the first lawsuit was dismissed, the attorney's for the son filed a second identical Complaint except described the son as a "voluntary administrator". Unfortunately, a "voluntary administrator" has extremely limited powers and is only available for small estates involving $30,000 or less. A "voluntary administrator" does not have legal authority to file wrongful death or personal injury actions. Only an Administrator with Letters of Administration can do so. Once again the defendant's filed a motion to dismiss which was granted. Because the statute of limitations or deadline for filing wrongful death actions had expired, it is too late to remedy this error.

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