Rochester Medical Malpractice and Personal Injury Lawyer Blog
In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical malpractice claim, the failure to do either can be fatal to a party’s case. If you were harmed by the negligence of a healthcare provider, it is in your best interest to meet with a Rochester medical malpractice lawyer to discuss your options.
History of the Case
It is reported that in 2018, the plaintiff filed a lawsuit against the defendant asserting medical malpractice claims and other causes of action. In July 2020, the plaintiff sought a default judgment, which the court initially denied due to insufficient service in accordance with New York’s Civil Practice Laws and Rules. In January 2021, however, the court granted the plaintiff’s motion for re-argument.
Allegedly, in July 2021, the defendants opposed the plaintiff’s motion for a default judgment, claiming improper service and cross-moved to dismiss the complaint. They argued that the court lacked personal jurisdiction over certain claims, the claims were barred by the statute of limitations, and that the plaintiff failed to aver sufficient facts to support his claims. The defendants also requested a change of venue to Chemung County. The trial court granted the defendant’s motion to dismiss, in part, dismissing the medical malpractice claims. The court also granted the defendant’s request for change of venue. The plaintiff appealed.
Grounds for Dismissing Medical Malpractice Claims
On appeal, the court affirmed the trial court’s decision. The court first addressed the plaintiff’s argument that the trial court improperly considered the defendants’ untimely opposition papers and cross-motion. The court determined that when evaluating an application for a default judgment, it is essential to examine the evidence submitted and assess whether a valid cause of action exists.
In the subject case, the court found that the trial court appropriately considered the merits of the causes of action and found that negligence, intentional tort, and medical malpractice claims, as well as certain constitutional claims, were not viable. Consequently, the plaintiff was not entitled to a default judgment for those claims.
Regarding the change of venue, although the plaintiff argued that the parties were not material witnesses justifying a change of venue, the court found that other factors supported the decision. Specifically, none of the relevant events occurred in the county where the action was filed, none of the remaining defendants resided there after the claims against one defendant were dismissed, and a related action involving the same parties had already been transferred to another county. Consequently, the court ruled that the trial court did not abuse its discretion in granting the change of venue.
Meet with a Trusted Rochester Medical Malpractice Lawyer
Inadequate medical care can cause irreparable harm and, in many instances, is grounds for pursuing damages in a medical malpractice lawsuit. If you were harmed by a careless physician, it is advisable to meet with a lawyer as soon as possible. The trusted Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers have ample experience helping victims of medical negligence seek justice, and if you hire us, we will work tirelessly on your behalf. You can reach us by calling 833-200-2000 or using our online form to set up a meeting.
