Jun 21st, 2024

FKB’s Aaron M. Barham and Victoria A. Yachkouri Obtain First Department Decision Upholding Dismissal of a Legal Malpractice Action Arising from the Favorable Settlement of an Underlying Medical Malpractice Litigation

FKB’s Aaron M. Barham and Victoria A. Yachkouri obtained a First Department decision upholding summary judgment on behalf of a prominent medical malpractice law firm. The plaintiff asserted legal malpractice claims arising from an underlying medical malpractice lawsuit that was diligently prosecuted and successfully resolved by FKB’s client for a favorable sum. The First Department held that FKB demonstrated that its client’s representation comported with the applicable standard of care and that their strategic decisions were protected by the professional judgment rule. The First Department further held that the Plaintiff could not establish how Plaintiff could have obtained any better result than the very favorable settlement FKB’s client obtained.


If you have any questions about this decision, or the defense of attorneys in general, please contact Aaron M. Barham and Victoria A. Yachkouri.