Patient's Claim Wrongfully Diagnosed With Stage 4 Pancreatic Cancer Causing Emotional Distress Allowed To Proceed To Trial

On January 11, 2024, an appellate court covering the Bronx affirmed the denial of summary judgment dismissing plaintiff's case brought against St. Barnabas Hospital, an ER doctor and a hospice. The plaintiff was 56 years old when in response to complaints of severe abdominal pain, dizziness and weakness at the Emergency Room of St. Barnabas Hospital he was allegedly wrongfully diagnosed with Stage 4 pancreatic cancer and transferred to a hospice where he remained for the next 18 months. The controversy requiring a jury trial is that the defense claims the patient reported to the ER physician that he was diagnosed with Stage 4 pancreatic cancer 2 years prior to the ER visit. However, the patient/plaintiff had never received a confirmed diagnosis that he had pancreatic cancer and indeed - did not.

The defense expert argued that the patient was homeless and had a history of IV drug abuse and alcohol abuse (perhaps an unreliable historian). Plaintiff's expert pointed out that the CT scan of the patient's abdomen and pelvis performed during the ER visit did not reveal pancreatic cancer and kidney function on blood testing was normal. As such the plaintiff's expert stated that the ER doctor departed from accepted standards in diagnosing Stage 4 pancreatic cancer without obtaining a consult from an oncologist. Clearly, issues of fact were identified that require a jury to decide following a full trial.

The claimed injuries from the transfer to hospice for 18 months include: fear of impending death, cancer phobia, emotional distress and methadone addiction. Candelario v MJHS Hospice & Palliative Care, 2024 N.Y. Slip Op. 00125

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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