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Mother’s Deposition Testimony Contradicts Her Affidavit—Wrongful Death Case Dismissed

On July 30,2018, a California appellate court upheld the dismissal of a medical malpractice wrongful death case brought on behalf of her children by the decedent's mother. The case concerns the premature discharge from Community Memeorial Hospital, of an adult woman who was admitted for a head injury due to a fall. The decedent had been diagnosed with a subarachnoid hemorrhage (bleeding between the brain and the surrounding membrane) and intraparenchymal hemorrhage (bleeding inside the brain). After a three day admission to the hospital she was discharged. The next day the patient died at her parent's home as a result of an intracerebral hemorrhage.

The decedent's mother submitted an affidavit opposing the hospital's motion to dismiss the case after deposition's were concluded but before trial. In her affidavit, she claimed that she begged the nursing staff not to discharge her daughter claiming she couldn't properly speak or walk properly and demanded an opportunity to speak with the doctor's who had ordered the discharge. The affidavit of decedent's claimed that the nurses refused to allow her an opportunity to appeal to the doctor's who authorized the discharge.

The case was dismissed based on the deposition of the decedent's mother who testified to a completely different set of facts long before she signed the affidavit. At her deposition, the decedent's mother agreed she did not argue with the nursing staff over the discharge decision and did not ask to speak to the doctors. Ford v Community Memorial Hospital, Court of Appeals, Second District, Division Six

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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