Rochester Medical Malpractice and Personal Injury Lawyer Blog
Generally, the plaintiff in a medical malpractice case has the right to decide where to file the complaint. Defendants have the right to move for a change of venue, though, for various reasons. For example, they may be able to argue that the case should be tried in the venue in which their primary office is located. Recently, a New York court discussed venue in podiatrist malpractice cases, in a matter in which the parties disputed where the case should be heard. If you suffered harm due to incompetent treatment from a podiatrist, you might be owed damages, and you should consult a Rochester podiatry malpractice lawyer as soon as possible.
The Facts of the Case
It is reported that the plaintiff sought podiatric treatment from the defendant’s ambulatory treatment center. She underwent a procedure performed by the defendant doctor. She subsequently suffered unspecified harm, which she attributed to the fact that the treatment was not rendered properly. As such, she filed a medical malpractice lawsuit against the defendant. The plaintiff resides in Westchester County, and she is treated in Westchester County.
It is alleged, however, that the plaintiff designated Bronx County as the venue of the case on the grounds that the defendant doctor, who also resides in Westchester County, had a principal office in Bronx County. The defendant moved for a change of venue, arguing his principal office was in Westchester County. The trial court granted the motion, and the plaintiff appealed. The trial court ruling was reversed on appeal, and the defendant filed a subsequent appeal.
Venue in Medical Malpractice Cases
The appellate court held that pursuant to the venue statute, the defendant doctor’s principal office was in the county in which he devoted substantially more time to patient care. Thus, it reversed the intermediate court’s ruling and reinstated the order granting the change of venue. The appellate court explained that the applicable law provided that any individually-owned business is deemed a resident of any county it had its principal office.
In the subject case, the defendant doctor’s principal office was the one in which he devoted three and a half days per week to patient care and from which he derived over seventy-five percent of his income. It was not in the county in which, as the plaintiff suggested, he worked two afternoons per week and where he maintained a mailing address for the purposes of professional licensing requirements. Thus, the court granted the defendant doctor’s motion to change venue to Westchester County.
Speak to a Knowledgeable Rochester Attorney
Negligently rendered podiatry care can cause painful and debilitating injuries, and reckless podiatrists should be held accountable for any harm they cause. If you were hurt by the negligence of a podiatrist, you should speak to an attorney regarding your rights. The knowledgeable Rochester podiatry malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess the circumstances surrounding your harm and help you to pursue the full amount of damages recoverable under the law. You can contact us via our online form or by calling 833-200-2000 to set up a conference.
