Law Offices of Ronald C. Burke



Ob/Gyn Loses Bid To Dismiss Delivery Claim Concerning Repair of Mother's 4th Degree Laceration

Yesterday, an appellate court overruled Manhattan Supreme Court Justice, Martin Shulman who had dismissed a claim of malpractice against an obstetrician and New York Presbyterian Hospital. The defendant, Dr. Sophia Drosinos persuaded Justice Shulman that she could not possibly be at fault "in repairing plaintiff's fourth-degree laceration, a tear that extends past the anal sphincter and into the anus that can occur during childbirth...."  Dr. Drosinos swore that she was "actively involved in suturing the tear and directed the proper placement of every stitch". She also claimed that it was accepted practice to have a surgical assistant, as "two pairs of hands" were necessary to repair such an extensive vaginal/anal laceration. However, the appellate court noted that there was an issue of fact requiring a jury trial since the plaintiff testified that Dr. Drosinos was not at the operating room table the entire time her laceration was being repaired.

The appellate court also reversed an award of dismissal to an obstetrician who allegedly departed from accepted standards of care for "failing to refer the plaintiff to a colorectal surgeon upon first hearing of her complaints of fecal incontinence and stool coming out of her vagina". Plaintiff's expert opined that the delay in obtaining a surgical repair was significant and consequential. Jane Doe v Drosinos, 2020 WL 97307

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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