NY'S Highest Court Finds For Malpractice Plaintiff - Jury To Decide Whether A 30 Month Gap in Treatment Negates Continuous Treatment Rule

On February 15, 2018, the Court of Appeals ruled in favor of a medical malpractice plaintiff and refused to dismiss a late filed lawsuit saying a jury should decide the issue. The plaintiff was treated by the defendant orthopedist for chronic shoulder problems beginning in 1998. The patient underwent surgery in 1999 and again in 2002. She returned for post op visits until September 2003 but did not return until April 2006 because of continued pain. Suit was filed in September 2008 claiming negligence in the performance of the 1999 surgery.

The Court of Appeals held that the jury, at the time of trial should determine the question of whether there was "ongoing treatment of a medical condition". It further explained that "a gap in treatment longer than the statute of limitations (30 months) is not per se dispositive of defendant's claim that the statute of limitations has expired." Lohnas v Luzi, 2018 WL 889531

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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