Malpractice Plaintiff Denied Right To Question Hospital Physicians & Nurses At Pre-Trial Deposition
By Ronald C. Burke, Esq on Sep 06, 2019 | 0 Comments
On August 28, 2019 the appellate court covering Queens County revived a dismissed malpractice case, but held that the dilatory conduct of plaintiff's attorney would be better punished by refusing him the right to depose any of the physicians or nurses employed by the hospital defendant. The plaintiff had sued New York Presbyterian Hospital/New York Weill Cornell Center for medical malpractice in 2014. The case progressed slowly and some three years later only the plaintiff had been questioned at an examination before trial (deposition). Defense counsel succeeded in persuading the Court to issue an order requiring the plaintiff's attorney "to narrow his demands to depose witnesses affiliated with the hospital". The plaintiff's attorney refused to limit his demands so the Court dismissed plaintiff's case for failure to prosecute and for refusing to limit the list of witnesses for deposition.
The appellate court reinstated the lawsuit finding that a more appropriate punishment would be to deprive the plaintiff of his right to question any of the hospital's doctors or nurses at a deposition.This is a severe consequential limitation of the plaintiff's ability to gather the evidence necessary to prove the case at trial. Rezk v New York Presbyterian Hospital, 2019 WL 4048217
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 of 2011" and "Top New York Settlements of 2012." 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 is 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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Medical Malpractice/Personal Injury