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Copyright Ronald C. Burke, Esq. 2004
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Medical malpractice occurs when a healthcare professional fails to follow the accepted standards of practice, which results in harm to the patient.  The injury may arise from unnecessary medical treatment, improper medication or needless surgery.  The injury may also result in prolonged physical disability, physical or mental suffering, or even death due to a lack of proper treatment.
Birth Injuries
When a baby is injured during labor and delivery, it is often associated with either some degree of oxygen deprivation or improper delivery techniques.  The most common birth injuries are:

Cerebral Palsy
Mental Retardation
Erb's Palsy
Developmental Delay
Seizures
Learning Disabilities

If you suspect your baby was injured do to negligence, call us for a free evaluation.
Kelner & Kelner  has obtained recoveries exceeding $1,000,000 in more than 100 personal injury cases involving automobile accidents, product liability cases, medical malpractice, and many other areas. The firm has achieved some of the most notable results in New York State history. The firm won a $27.6 million jury verdict for our client, Bernard Harvey, a construction worker who sustained brain damage. After appeal, this case resulted in the highest affirmed personal injury recovery in the state's history, $14.3 million ($16.5 million including interest). Kelner & Kelner also obtained for our client, Frank Driscoll, a $35.6.million jury verdict, now on appeal. The verdict obtained for Raul Martin, $23 million, was, at the time, the highest ever in Queens County.


Medical malpractice occurs when a healthcare professional fails to follow the accepted standards of practice, which results in harm to the patient.  The injury may arise from unnecessary medical treatment, improper medication or needless surgery.  The injury may also result in prolonged physical disability, physical or mental suffering, or even death due to a lack of proper treatment.

Many cases of medical malpractice are caused by the failure to obtain the patient's informed consent to a surgical procedure. The healthcare professional is duty bound to advise the patient of all the material risks and benefits of the treatment recommended and to disclose all reasonable alternatives.

When a medical professional neglects to provide the minimum standard of care commonly practiced by the average reasonably careful healthcare provider and it results in an injury, a claim for medical malpractice may be filed. Malpractice also occurs when a professional administers medical care
that he or she should know is inappropriate or dangerous.  In either case, to prove malpractice requires a careful review of all medical records and the testimony of someone with expertise in that area of medicine. 

Some of the most common kinds of medical malpractice include:

Surgical Error
Failure to Diagnose
Delay in Diagnosis
Misdiagnosis
Hospital or Nursing Errors
Medication Errors
Anesthesia Errors

The most common cause of medical malpractice is the failure to correctly and timely diagnose a medical condition. Medical errors may be due to a failure to perform tests to screen for medical or psychiatric conditions, a failure to recognize symptoms, or simply a misdiagnosis. Victims of significant delays or misdiagnosis often lose precious time to receive proper treatment and reduce or eliminate their opportunity for a full recovery.

If you believe you or a loved one are a victim of medical malpractice, it is important to act quickly due to: time limitations on filing a case; to preserve evidence; and, to prevent others from suffering the same injury.  Call or contact Ron Burke for a free consultation.

RONALD C. BURKE
Attorney at Law
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Medical Malpractice