Ob/Gyn Surgeon May Be Held Liable For Malpractice of Assistant Ob/Gyn Surgeon

On December 7, 2022, an appeals court upheld the denial of a summary judgment by Supreme Court, Queens County Judge O'Donoghue, filed on behalf of a local gynecologist. The patient had undergone a hysterectomy for abnormal uterine bleeding during which her left ureter was accidentally severed. The gynecologist-surgeon, Dr. Germain argued that during the surgery she operated on the right side of the patient and an assistant gynecologist-surgeon (who was not sued) operated on the left side. Thus, the defendant gynecologist-surgeon claimed she could not have severed the plaintiff's left ureter. 

The appellate court observed that plaintiff's expert asserted that there was a failure "to visualize the ureters to confirm their location prior to vessel transection" which constituted a departure from accepted standards of surgical practice; and, that "given the injured plaintiff's dilated cervix and bleeding encountered on the left hand side, Dr. Germain should have been aware that there was an increased risk for ureteral injury, but did not take any steps intraoperatively to reduce the risk of injuring the ureter." The plaintiff's expert also stated that the defendant, Dr. Germain was plaintiff's treating physician and ultimately responsible for the outcome of surgery. Bhuiyan v Germain, 2022 WL 17480693

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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