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Manhattan Medical Malpractice Defense Attorney Suspended For Fraudulently Concealing Altered Physician Notes

On November 29, 2018, an attorney, Daniel John McCarthy, licensed in New York since 1999, (whose registration address was an office in Manhattan), was suspended for three years due to misconduct during his defense of a pediatrician in a medical malpractice case in the state of Delaware.The physician was sued for failing to properly treat an infant suffering from jaundice which led to permanent brain injuries and disability.

The medical malpractice case resulted in a plaintiff's verdict that far exceeded the pediatrician's insurance coverage, so she sued her malpractice carrier for failing to settle the claim as well as her attorney, Daniel John McCarthy for legal malpractice. The pediatrician retained the attorney who had won the medical malpractice case to prosecute her attorney and malpractice insurer. During that litigation the existence of the altered medical records were found. Following a hearing, Mr. McCarthy was disciplined by the State of Delaware with disbarment.

The medical notes for the critical visit in question were altered to change the infant's presenting symptoms and to add some instructions and warnings to the mother for followup care. Mr. McCarthy argued at the hearing held in Delaware that he did not produce the altered records because it would have hurt his client's credibility. The Delaware Court held that Mr. McCarthy "assisted his client [pediatrician] with perpetrating a fraud by failing to disclose the existence of altered medical records...he was aware would have made his client more culpable...." He was also chastised for "failing to disclose to the court his client's false deposition and trial testimony...." In the Matter of Daniel John McCarthy, 2018 WL 6240600

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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