Rochester Medical Malpractice and Personal Injury Lawyer Blog
Under New York law, a plaintiff in a medical malpractice case is required to submit a bill of particulars, which essentially is a document outlining the basis of their claims against the defendant. If a plaintiff fails to assert alleged misconduct in a bill of particulars, it generally waives to right to pursue claims based on said acts or omissions. Thus, if a plaintiff realizes that their bill of particulars lacks critical information, they may move for an amendment. In a recent ruling issued in a medical malpractice case, a New York court examined when an amendment to a bill of particulars is necessary. If you sustained damages due to negligent medical treatment, you may be owed compensation, and it is in your best interest to confer with a Rochester medical malpractice attorney to evaluate your potential claims.
The History of the Case
It is reported that the plaintiff treated with the defendant, who was a primary care physician. At some point during his care, the defendant prescribed the plaintiff Depakote to treat migraine headaches. The plaintiff ultimately suffered liver damage and weight gain as a result of taking the medication. As such, he and his wife subsequently filed a lawsuit asserting lack of informed consent and medical malpractice claims against the defendant.
Allegedly, the plaintiffs submitted their bill of particulars in accordance with the court’s scheduling order. In 2019, however, ten years after the lawsuit was instituted, the plaintiffs moved for leave to serve a supplemental bill of particulars. The trial court denied their motion, and they appealed.
When an Amendment to a Bill of Particulars is Necessary
On appeal, the appellate court affirmed the trial court ruling, but on different grounds. Specifically, the appellate court explained that the original bill of particulars stated that the defendant failed to adequately and properly warn the plaintiff of the side effects of using Depakote, while in the amended bill of particulars the plaintiffs sought to file, they asserted that the defendant failed to warn the plaintiff that Depakote was known to increase the risk of liver damage and weight gain.
The appellate court explained that the plaintiffs’ motion for leave to amend was properly denied because such supplementation was not necessary. In other words, they could offer evidence in support of their proposed claims based on the pleadings in their current iteration. Thus, the appellate court affirmed the trial court ruling.
Speak to a Capable Rochester Medical Malpractice Lawyer
There are numerous pleading and evidentiary requirements plaintiffs in medical malpractice cases must comply with, and if they fail to do so, it may impact their right to recover damages. If you suffered injuries due to inadequate medical care, you should speak to an attorney about your options for protecting your interests. The capable Rochester medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers are well-versed in what it takes to achieve favorable results, and if you hire us, we will work tirelessly to help you seek a just outcome. You can reach us through our online form or by calling us at 833-200-2000 to set up a meeting.
