Ways Defendants In Medical Malpractice Cases Will Limit Your Claim

One of the first things that a negligent doctor’s attorney will try to do is get the plaintiff’s claim dismissed.  In fact, a defendant has the right to petition the court for summary judgment before even answering the plaintiff’s complaint.

Experienced medical malpractice attorneys working in the Hudson Valley regions of New York know how to: 1) defeat a motion to dismiss; 2) successfully defend an appeal that has been brought by a defendant that has lost a motion to dismiss application; 3) successfully reverse a court’s decision to dismiss the case by way of appealing to a higher court.

By way of example, consider Garrison v. Quirk, a case decided upon by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department.  The decision was just rendered on August 27, 2014.

This case involved the death of a patient giving birth by caesarean section.  The decedent suffered a uterine hemorrhage during the procedure.  It was alleged that the defendants did not timely treat the hemorrhage and that medical care subsequent to surgery deviated from accepted medical standards of care.

Some of the case defendants motioned the court for summary judgment.   The lower court denied that motion, finding in favor of the plaintiff.

The defendants appealed which led to the decision rendered just weeks ago.  The appellate court did not agree with the defendants and upheld the previous decision in favor of the plaintiff.  Specifically, the court noted, “A physician moving for summary judgment dismissing a complaint alleging medical malpractice must establish, prima facie, either that there was no departure or that any alleged departure was not a proximate cause of the plaintiff’s injuries”.

The defendants never met this prima facie burden so they could not receive judgment as a matter of law.  Had they made this burden, the experienced medical malpractice attorney knows that the plaintiff can rebut and continue to prove that there is a triable issue of fact.

This case shows that medical malpractice attorneys will vigorously defend the rights of injured patients.  While the defendant can and will attempt to have the case dismissed, the injured victim should nonetheless not fear suing the doctors and hospitals that caused their harm.

It is well worth the effort and energy to hold negligent doctors accountable for the injuries that they cause.  Medical malpractice causes patients tremendous financial and emotional losses.  The compensation that you would expect to receive is for you pain and suffering, medical bills, rehabilitation bills, lost wages, lost earning potential, the lost earnings and support of loved ones, vocational rehabilitation, and the like.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.