Medical Malpractice Claim for Overdose of Facial Botox Injections Dismissed

Botox injections are well known as another method for a plastic surgeon to improve one's facial appearance by diminishing or eliminating wrinkles. However, botox injections are also relied on as a pain reliever to paralyze painful muscle spasms. Victims of cerebral palsy and Parkinson's disease can be helped with botox injections. A neurologist, Dr. Guy Schwartz and North-Shore Long Island Jewish Health Systems were sued for allegedly injecting the plaintiff's face with an excessive amount of Botox causing serious injuries. The plaintiff claimed that Dr. Schwartz administered an overdose of Botox to treat painful facial spasms because he misdiagnosed her with Parkinson's disease.

The medical defendant's successfully argued that the dosage of Botox was appropriate to treat semi-facial spasms on the left side of plaintiff's face. They also argued that the plaintiff's attorney was too late in introducing a new theory that Dr. Schwartz misdiagnosed the plaintiff with Parkinson's disease and that she did not in fact have that condition. On November 16, 2016, the Appellate Court agreed with the Queens County Supreme Court, Justice O'Donoghue that had dismissed the case during the pre-trial stage finding that the plaintiff's attorney should have filed a motion long ago to assert the new theory.

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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