Wrongful Death Suit Against NYC Paramedics Dismissed

On June 4, 2020 a Brooklyn Supreme Court Justice ruled that a wrongful death suit on behalf of a 41 year old father of 3 failed to meet the strict requirements of a suit against municipal paramedics administering emergency medical care. The decedent's fiance and daughter called 911 three times over 16 minutes to report that Frankie Ramos, who had a history of asthma requiring nebulizer treatments, was having difficulty breathing and urgently needed an ambulance.The ambulance was dispatched within 3 minutes of the first call and arrived within 14 minutes. The paramedics immediately delivered oxygen and CPR which restored the decedent's pulse. Saline and epinephrine were administered within 11 minutes and the decedent was successfully intubated within 16 minutes (on the first attempt). Unfortunately, Mr. Ramos passed away from respiratory arrest several hours after admission to Brookdale Hospital.

The Court dismissed the case because the plaintiff did not plead and prove the paramedics had a "special duty" to Mr. Ramos which is a higher standard required when suing a municipality in New York. The rule is that when suing a municipality for the negligence of their paramedics, you must prove that there was a "special relationship" between the victim and the municipality. The proof must establish that "the municipality assumed positive direction and control in the face of a known, blatant and dangerous safety violation; or, the municipality voluntarily assumed a duty". Lastly, the proof requires a medical expert's opinion that there was a departure from accepted standards of care by the paramedics and no such proof was submitted. Gonzalez v City of New York, 2020 WL 3000540

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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