Rochester Medical Malpractice and Personal Injury Lawyer Blog
Generally, parties in a medical malpractice case anticipate that jurors will render a fair verdict after considering the evidence presented at trial. While juries generally meet this expectation, at times, they can issue verdicts that do not comport with a fair reading of the evidence. In such instances, either party can ask the court to set aside the verdict and either issue judgment in their favor or order a new trial. Recently, a New York court evaluated when it is appropriate to grant a motion to set aside a verdict in a birth injury case in which the jury found the defendants liable for the plaintiff’s harm. If your child sustained losses at birth because of a doctor’s carelessness, it is advisable for you to contact a Rochester medical malpractice lawyer to evaluate what claims you may be able to pursue.
The History of the Case
It is reported that the plaintiff mother visited the hospital in the late stages of her pregnancy due to decreased fetal movement. She was examined by the defendant doctors and discharged. The next day, though, she underwent an emergency cesarean section to deliver the plaintiff son. The plaintiff son suffered numerous deficits, which the plaintiff mother asserted was because of the negligence of the defendant doctors.
Allegedly, the plaintiff mother filed a medical malpractice lawsuit against the defendant doctors, seeking damages both individually and on behalf of her son. A trial was conducted, after which the jury issued a verdict finding that the defendants were liable and granting the plaintiff damages. The defendant doctors then filed a motion asking the court to set aside a verdict and either order a new trial or issue a judgment in their favor. The court denied the motion, and the defendants appealed.
Grounds for Granting Motion to Set Aside a Verdict in a Medical Malpractice Case
Pursuant to the applicable standard, the courts will not grant a motion to set aside a verdict unless the party seeking such relief can show that the jury could not have arrived at its conclusion based on any fair interpretation of the evidence and, therefore, the jury’s findings are against the weight of the evidence.
In the subject case, the appellate court found that the defendant failed to meet its burden of proof. Specifically, it affirmed that it was reasonable for the jury to conclude that the defendant doctors were not liable for failing to perform an emergency cesarean section when the plaintiff mother first presented to the hospital but were negligent for failing to admit her for observation. Thus, it affirmed the trial court ruling.
Meet with a Skilled Rochester Medical Malpractice Lawyer
There are few things as exciting as the birth of a child, but some parents are tragically robbed of their joy because their children suffer harm at birth due to medical malpractice. If you wish to pursue claims against the medical providers that caused your child to sustain injuries at birth, it is in your best interest to meet with a medical malpractice lawyer as soon as possible. The experienced Rochester medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and help you seek the maximum amount of damages recoverable under the law. You can contact us by calling 833-200-2000 or using our online form to set up a conference.
