Patient Discharged from ER With Compartment Syndrome Has Dismissed Case Restored

On August 29, 2018, the appellate court covering Nassau County reversed Justice John Galasso who had dismissed the malpractice claim of a college student against North Shore University Hospital, an emergency medicine physician and an orthopedist. The student was participating in try-outs for the college basketball team when he complained of pain in his lower leg from running - not from any specific trauma. An athletic trainer applied ice to the lower leg and suspecting compartment syndrome, sent the student to the local emergency room on crutches.

Compartment syndrome can be a life or limb threatening condition when excessive pressure builds up in a muscle which leads to impaired blood flow. The ER doctor ordered x-rays that proved negative and an orthopedist examined the student and reported no swelling, merely tenderness and weakness. Whether the student's lower limb was swollen was hotly disputed.

The student was discharged from the ER and given motrin. Five days later he was admitted to the hospital and underwent emergency surgery to relieve the compartment syndrome in his lower leg.The lower court granted the doctor's/hospital's motion for summary judgment and dismissed the case (without a jury trial) stating that the student's medical experts presented only conclusory and speculative arguments. The appellate court overruled the lower court finding that it was the defendant's experts who were engaging in conclusory and speculative arguments. A jury will now decide if there was a premature discharge from the hospital AND whether the delay in treating the compartment syndrome caused a worse outcome. Kelly v Rosca, 2018 WL 4101005

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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