Mentally Unfit Killer of 3 Relatives Allowed to Sue Hospital For Malpractice In Discharging Him

On July 16, 2021, an appellate court that hears appeals from Oneida County Supreme Court, ruled that there was a narrow exception to the general rule adopted by the New York Court of Appeals in 1889 that, “no one shall be permitted to take advantage of his own wrong” using the Courts. In January 2015 a 21 year old Utica resident was taken to Faxton St.Luke's Hospital by the police for a psychiatric evaluation after family members reported he had threatened them and killed a dog. Within a few hours after Paul Bumbolo was evaluated and discharged by St. Luke's Hospital, he went home and stabbed to death his adoptive mother/aunt, uncle and sister.

Bumbolo's criminal defense team successfully convinced the District Attorney and criminal court to accept his “plea of not responsible by reason of mental disease or defect.” He was then remanded to a state psychiatric institution for an indefinite time. Based on these facts the Oneida County Supreme Court denied the hospital's motion to dismiss Bumbolo's medical malpractice suit against Faxton St.Luke's Hospital. As affirmed by the appellate court last week, the general rule precluding claims by wrongdoer's was not applicable where “the record establishes that the wrongdoer is not responsible by reason of mental disease or defect.” Bumbolo v Faxton St. Luke's Hospital, 2021 NY Slip Op 04429

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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