Urologist Who Pleaded Guilty to Felony Assault Wins Dismissal of Malpractice Claim

On August 9, 2017 an Appellate Court covering Brooklyn affirmed a lower court ruling that granted a urologist's pre-trial motion to dismiss a malpractice involving the loss of a testicle. The urologist had performed a procedure on the patient called a hydrocelectomy to remove fluid which had formed around the right testicle. After surgery the patient complained of pain in the scrotal area and he eventually lost all function in the right testicle. The patient's expert claimed that the loss of functioning was due to the failure of the urologist to perform a prompt orchiopexy (tacking of the testicle) which led to testicular tortion and devascularization. The urologist won dismissal by establishing thru his expert's affidavit that a sonogram of the testicle revealed the patient had good blood flow to the testicle which could not be present with a  testicular torsion as claimed.

The defendant urologist was fortunate not to leave his fate up to a jury. The defendant urologist, Abraham Ostad surrendered his license to practice medicine effective July 4, 2017 as reported on the official New York State website--Physician Profile. Dr Ostad pleaded guilty to a felony assault charge in 2013 and to multiple other misdemeanor crimes involving domestic abuse toward his wife, sons and mother-in-law. He was alleged to have slapped his wife despite an Order of Protection, thrown his mother-in-law to the ground breaking her pelvis and threatened his sons with a knife while they tried to protect their mother. The Office of Professional Medical Conduct was especially upset that Dr. Ostad concealed his crimes from his bi-annual physician registration and persuaded him to surrender his license. 2017 WL 3401216

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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