Loss of Pregnancy - Jury Verdict For Plaintiff - Ob/Gyn Settles - Radiologist Wins Appeal

On April 4, 2023 an appellate court overruled a Judge and Manhattan jury finding that a radiologist's alleged misdiagnosis was not "a substantial factor in causing the delay that led plaintiff's appendix to burst resulting in the loss of a pregnancy. The plaintiff was in the early stages of pregnancy and complained to her obstetrician of lower abdominal pain who referred her to a radiologist for an ultrasound. The radiologist allegedly failed to: report to the obstetrician that plaintiff had rebound tenderness on palpation; failed to visualize the appendix during the ultrasound; and, erroneously concluded in his report "no abnormality". The next day the plaintiff went to an emergency room with complaints of abdominal pain where she was admitted for emergency surgery to treat a ruptured appendix. It was claimed that the obstetrician should have referred the plaintiff to an emergency room to rule out an appendicitis.

At trial the obstetrician testified that she did not rely on the radiologist's report as she had considered an appendicitis as part of her differential diagnosis and could not remember when, or if, she had read the report. The jury found the obstetrician to be 41% at fault, allocated 30% fault to the radiologist, 29% fault to the plaintiff and awarded damages of $725,000. The trial judge denied the radiologist's motion to set aside the verdict. The obstetrician subsequently settled with the plaintiff for an undisclosed sum and the radiologist successfully pursued an appeal persuading the appellate court that there was no evidence that his departure had any impact of the obstetrician's treatment plan. Ameziani v Subramanyam, 2023 WL 2761963

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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