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Medical Group Found Liable For Permitting Cognitively Impaired Doctor To Practice Medicine

Last month Nassau County Supreme Court Justice, Jeffrey S. Brown upheld a $1,000,000 jury verdict for a young lady who while visiting an internist, was sexually abused by a physician employed by Caring Medical, LLC. The young lady who suffered from intellectual disabilities, used her cell phone to videotape the physician, Mohan Sharma, M.D., while he masturbated and encouraged her to touch him. Prosecuted criminally, Dr. Sharma successfully argued that all felony and misdemeanor criminal charges against him should be dismissed because he was an "incapacitated person" who was incapable of forming the requisite intent due to an aggressive form of frontal temporal dementia. Can Dr. Sharma be held accountable in a civil lawsuit? Yes.

Since sexual abuse cannot constitute medical treatment for which a doctor can be held liable for malpractice in a civil suit, the jury questions were: 1) did Dr. Sharma "depart from accepted medical standards by practicing medicine while impaired by a cognitive disability?"; and, 2) was the medical group negligent in permitting Dr. Sharma "to practice medicine while impaired by a cognitive disability?" The jury answered yes to both questions and found that the acts and omissions complained of were a substantial cause of the victims post traumatic stress disorder and continuing psychiatric treatment. The Judge also rejected the defendant's argument that an award of $1,000,000 was excessive. Jane Doe v Mohan Sharma, M.D., 2018 WL 6519719

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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