Wife of 51 Yr Old Deceased Attorney Proceeds To Jury Trial On Wrongful Death Claim Against Cardiologist

Last month Suffolk County Supreme Court Justice St. George denied a motion to dismiss a wrongful death medical malpractice claim against a cardiologist. The suit was filed by the wife of a 51 year old attorney who died as a result of congestive heart failure brought on by hypertension and atherosclerotic heart disease. An autopsy revealed the attorney had coronary blockages from 90-100% which are amenable to treatment with cardiac catheterization and stenting, or, an open bypass procedure. The attorney's death occurred 11 days after he visited the defendant cardiologist at the suggestion of his primary care physician.

The referral to a cardiologist was prompted by an abnormally high calcium score test (556), a history of obesity, high cholesterol, and a complaint of shortness of breath when walking on an incline. The plaintiff's expert cardiologist claimed that the attorney should have been immediately admitted to a hospital for a stress test which would have triggered an angiogram leading to a cardiac catheterization which would have avoided the premature death. 

The cardiologist's expert argued that there was no urgency for cardiac testing because the attorney had continued his usual daily activities walking more than a mile each day, working, swimming, shopping and having intimate marital relations without any complaints. The defense expert argued that the shortness of breath walking on inclines was a non-specific finding without any significance. Therefore, this expert concluded that the cardiologist appropriately prescribed daily baby aspirin and a nuclear stress test within 15 days of the visit. The Court held that only a jury could decide whether the cardiologist negligently delayed the stress test and whether that negligence was a substantial contributing factor in the attorney's death. Novak v Freilich, 2019 WL 5406864

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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