Vascular Surgeon & Nephrologist Must Stand Trial For Patient's Wrongful Death

Last week an appellate court reversed a trial court that had granted summary judgment to a nephrologist (kidney specialist) and vascular surgeon dismissing the malpractice claim brought by the family of a patient who died due to a complications of dialysis treatment. The appellate court explained that the defendant vascular surgeon had surgically created an arteriovenous fistula (AVF) in the patient's arm to allow access for dialysis treatment. Approximately 10 months later, a nurse at the dialysis center suspecting that the AVF was infected, spoke with a nephrologist who agreed the patient should be evaluated at Kings County Hospital. Once evaluated by the defendant vascular surgeon at the hospital, the patient was cleared for further dialysis.

Following two dialysis treatments in the next six days the patient was found dead due to a rupture of the AVF. The appellate court noted that the patient's family was entitled to a jury trial because there was an issue of fact whether the vascular surgeon and nephrologist departed from accepted standards of medical care "by continuing with dialysis on an AVF that presented with infection and aneurysmal dilatation and whether the continued dialysis caused the AVF to rupture." Hutchinson v New York City Health & Hospitals Corporation, 2019 WL 2112863

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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