Surgeon Admits Error in Burning Patient's Stomach and Thigh While Operating on His Knee

The plaintiff was a patient of surgeon, Dr. Basal who while undergoing arthroscopic knee surgery admittedly placed a "hot mallet" on the plaintiff's thigh and stomach causing serious burns. Since the surgeon admitted the mallet was exceedingly hot and he felt it warm, the Court held as a matter of law that the surgeon knew or should have known not to place that mallet on his patient during surgery. Incredibly, the good doctor insisted he had not committed medical malpractice and tried to blame the  operating room staff. 

In a decision dated November 22, 2016, the Appellate Court agreed with the Bronx County trial court, that based on the surgeon's admissions during his deposition, the only issue to be tried by a jury is how much to compensate the patient/plaintiff for the burns to his stomach and thigh. The plaintiff will not be required to persuade a jury at trial that the surgeon was negligent because the result doesn't ordinarily occur in the absence of negligence, the plaintiff was blameless and the surgeon was in exclusive control of the "hot mallet". Legakis v. New York Westchester Square Medical Center

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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