Arciero & Burgess, PC

Wishing everyone a happy, healthy and prosperous New Year! #newyear #litigationlawyers

Congratulations to Audrey A. Lark Esq. on obtaining a recent dismissal of a dental malpractice action. Audrey was able to prove to the Court counsel’s refusal to provide a Certificate of Merit and discovery responses warranted early dismissal before the undertaking of depositions. The Court agreed and the defendant was thrilled not to have to proceed and the carrier was happy with early resolution! #dentalmalpractice #defenseattorneys #summaryjudgment

We are happy to announce that Paul A. Wugman Esq. has joined our firm as an associate. Paul brings a background in not only medical malpractice but complex litigation to the practice. We look forward to his continued success. #medicalmalpractice #litigationlawyer

Congratulations to Dena Burke Esq. on her recent motion practice win. The defendant plastic surgeon participated in an all day deposition during which he was questioned on anatomical diagrams pertinent to the surgery undertaken on the plaintiff. The witness specifically testified the sources were not “authoritative” nor were they part of the treatment records. As a result, counsel for the doctor would not allow the physician to answer the inquiries. Months after completion of the deposition, plaintiff asked the court to order the witness to return for a further deposition to answer the blocked questions. Dena moved the Court for a protective Order opposing the application to question the doctor on the diagrams. The Court reviewed the transcript of the defendant’s testimony and granted Dena’s requested relief finding the plaintiff could not question the witness on sources of information that were deemed not to be authoritative while acknowledging the plaintiff had ample opportunity to question the doctor fully on the anatomy without the need for the diagrams. The Court also pointed out plaintiff waited months to seek the return of the physician for questioning. The decision saved the doctor time away from patient care and the carrier further deposition expenses! #medicalmalpracticedefense #defendantdepositions

Please join us in welcoming Janet Blake Esq. to the firm! Janet is a well known litigator with years of medical malpractice experience. We are excited to have her join our team! #medicalmalpracticeattorney #womenlawyers #defenseattorney

Another Summary Judgment win for Edward Kealy, Esq. this time on behalf of an anesthesiologist ! The physician administered a regional nerve block in connection with the patient’s right shoulder surgery. The patient claimed the procedure was done improperly resulting in damage to the median nerve with claims of nerve issues in the patient’s hand. With the use of two experts Ed was able to successfully argue the nerve block was performed properly and plaintiff’s claimed injury -specifically isolated to the median nerve and distal extremity, could not be causally related to the nerve block administered in the brachial plexus. The doctor, his group and the carrier were thrilled with the outcome! #medicalmalpracticeattorney #summaryjudgment #defenseattorney

Congratulations to Ed Kealy on obtaining a dismissal of a Federal Court action on behalf of a local hospital. Plaintiff claimed a violation of her Constitutional rights alleging she was involuntarily detained at the hospital while awaiting transfer to another facility for a psychiatric consultation. Ed filed a pre Answer motion to dismiss arguing the hospital acted in accordance with the NYS Mental Hygiene law and that the hospital was not a state actor nor was it acting under the color of state law. The Federal Court agreed it lacked subject matter jurisdiction and dismissed the case with prejudice. Another early resolution for the client and carrier! #medicalmalpracticeattorney #preactiondismissal

Congratulations again to Craig A Burgess on his recent defense verdict this time in Dutchess County! Craig represented a urologist in a case where the plaintiff alleged the patient’s small intestine was perforated during a robotic assisted radical prostatectomy. Counsel argued the perforation was not identified intra operatively and there was a delay in diagnosis resulting in the development of sepsis, multi organ failure, coma, multiple surgical procedures and permanent limiting activities after recovery. Craig was able to show that the perforation that occured in the operation was a known and accepted risk and that the physician relied on negative diagnostic labs and studies post procedure. Importantly, Craig’s client consulted numerous physician’s in the care of his patient, providing reasonable explanations to the claims. Despite the significant injuries, the jury accepted his arguments and found for the doctor!

To our staff our clients and our families - Happy Mother’s Day to all!

Congratulations to Craig Burgess on another defense verdict - 2 in one month! Craig defended a gastroenterologist in an Orange County case. Plaintiff alleged the doctor failed to diagnose and treat acute diverticulitis in a patient with a recent history of severe inflammatory bowel disease. Counsel claimed the care resulted in a sigmoid colon perforation, a large abscess and the need for removal of the patient’s entire colon resulting in a permanent ileostomy. Craig’s cross examination of plaintiff’s expert resulted in another quick unanimous verdict! #medicalmalpracticeattorney #defenseverdicts #litigationlawyer