Law Offices of Ronald C. Burke

REQUEST A FREE CONSULTATION212-808-800824/7 EMERGENCY HOTLINE516-965-4370

Blog

Patient Who Sued For Disfiguring Bed Sores Defeats Motion To Dismiss filed by NSLIJ Hospital

On August 4, 2021, an appellate court reversed the decision of a Queens County Supreme Court Justice who had granted a motion for summary judgment (dismissal of case before jury trial) filed by North Shore-Long Island Jewish Health System (NSLIJ) against a patient who had developed hideous bed sores (pressure decubitus ulcers) on his legs, knees and all over his body. The patient had been admitted to NSLIJ for 3 months. The lower court accepted the opinion of a highly credentialed plastic surgeon who claimed that the hospital staff did not depart from accepted standards and that "given the plaintiff's comorbidities, which limited his ability to heal, the development and progression of the plaintiff's wounds were unavoidable, even with the best treatment."

 According to the appeals court, the lower court failed to credit the opinion of a similarly credentialed thoracic surgeon, retained by the plaintiff, who advised the court that the hospital staff departed from accepted standards of care by failing to take preventative measures to prevent decubitus ulcers by "allowing him to remain prone without turning or repositioning him for over 90 hours, without the use of pillows, foam, and gel pads to protect his hips or knees" which could have prevented the severe and permanent decubitus ulcers. The appeals court emphasized that the experts from both sides had vast experience in the prevention and treatment of bed sores which raised an issue of fact that could only be determined by a jury at trial. Cerrone v North Shore-Long Is.Jewish Health Sys., Inc., 2021 NY Slip Op 04593

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!

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top