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NY's Highest Court Reinstates Wrongful Death Claim Against Cardiologist

On October 12, 2017 the New York Court of Appeals reinstated the wrongful death medical malpractice claim filed by the family of a patient who died of cardiac arrest  when he was taken off blood thinners. The patient had a stent placed in a coronary artery that was 100% blocked and as per standard practice was instructed to take blood thinners on a daily basis to reduce the risk of a clot. More than 3 years later he was scheduled for a kidney biopsy and his cardiologist instructed him to stop taking the blood thinner for 3 days before the kidney biopsy and 7-9 days after. The biopsy was cancelled for undisclosed reasons but the patient died of cardiac arrest one day after the biopsy had been scheduled.

The family practitioner and cardiologist were both sued. However, the family practitioner was dismissed from the case because the Court found that the cardiologist had made all decisions about starting and stopping the blood thinners. The cardiologist had also been dismissed from the case but the Court of Appeals held that a jury trial should be held despite the defense that patients normally are taken off blood thinners within one year of a stent placement. The Court of Appeals stated that the cardiologist has to stand trial even though there was undisputed evidence that blood thinners such as "plavix and aspirin retain approximately 70% of their effects three days after discontinuance." Burns v Goyal, 2017 WL 4541637

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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