Rochester Medical Malpractice and Personal Injury Lawyer Blog
Usually, when a plaintiff files a medical malpractice case in New York, he or she will ask that a jury assess liability and damages. In most cases, the jury will rule accurately. In cases in which the jury grossly misevaluates the evidence presented, however, the party that received an adverse ruling can ask the court to vacate the jury’s ruling. In a recent gynecologic malpractice case in which the jury found in favor of the plaintiff, a New York court discussed the grounds for setting aside a jury’s ruling. If you were injured during childbirth or a gynecologic procedure, it is advisable to speak to a skillful Rochester gynecologic malpractice attorney regarding your rights.
Factual History
It is reported that the plaintiff suffered a laceration while giving birth to her child. The defendant initially failed to diagnose the laceration, and once the laceration was assessed, she failed to repair it properly, which resulted in significant pain and complications. The plaintiff then sought damages from the defendant via a medical malpractice case. The case proceeded to trial and ultimately resulted in a jury verdict in favor of the plaintiff for over one million dollars. The defendant then filed a motion to set aside the jury’s verdict as against the weight of the evidence. The court denied the motion, and the defendant filed an appeal.
Grounds for Vacating a Jury’s Verdict in a Medical Malpractice Case in New York
Under New York law, the question of what damages are appropriate in a medical malpractice case is within the jury’s domain, and whatever the jury decides will not be disturbed in most cases. Rather, a court will only vacate a jury’s ruling in cases in which a damages award demonstrates a substantial departure from what is considered reasonable compensation. The court may assess damages awarded in other cases involving similar injuries as a tool to provide guidance and enlightenment regarding whether a verdict constitutes reasonable compensation. The court may look at other factors as well, such as the nature and permanency of the injuries the plaintiff suffered.
In the subject case, the court found that given the extent and type of the plaintiff’s injuries, the damages the jury awarded for past pain and suffering did not depart in a significant way from what would be considered a reasonable amount of compensation. Further, the damages the jury awarded for past loss of the plaintiff’s services were not excessive, as it was supported by the evidence of record. As such, the appellate court affirmed the trial court ruling.
Speak to a Dedicated Rochester Attorney
If you were injured due to the negligent acts of a gynecologist, you might be able to recover compensation for the pain and suffering you experienced, and you should speak to an attorney. The dedicated medical malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers are proficient at handling a variety of claims arising out of incompetent medical care, and we will work diligently on your behalf to help you seek the best outcome available under the facts of your case. You can contact us at 833-200-2000 or via the form online to set up a conference.
