Neurosurgeon Must Stand Trial For Wrongful Death Caused By Brain Surgery

On June 19, 2019, an appellate court ruled that a neurosurgeon was not entitled to dismiss a wrongful death - medical malpractice case without a jury trial. The neurosurgeon performed microvascular decompression surgery on the plaintiff's decedent to treat trigeminal neuralgia and discharged him from the hospital two days later. The patient began complaining of a headache and saw the neurosurgeon at his office one week after the surgery. The neurosurgeon prescribed a steroid and the following morning the patient was found dead on the kitchen floor.

The plaintiff's expert neurologist stated that there were were several departures from accepted standards: performing the surgery without first exhausting available medication treatments to treat trigeminal neuralgia; manipulating the posterior fossa veins and vascular sinuses during surgery which caused a venous thrombosis and cerebellar infarction; and, failure to refer the patient visiting his office complaining of a constant post-op headache to an emergency room for an MRI. The plaintiff's expert swore that any one or all of these departures were the proximate cause of the patient's death. The court noted that even the issue of whether the patient had been informed of the medical options to treat rather than surgery should be decided by a jury. Lampe v James G. Brisman, M.D., 2019 WL 2518853

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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