Medical Malpractice cases can take a great deal of time. This case out of Brooklyn shows this as it was filed two years ago and it has yet to go to trial or settle. In this case, a woman in Brooklyn went to the hospital for a minor gynecological operation and left a double amputee. During the surgery, Stacey Galette, claims that the surgeons punctured her intestine, resulting in a massive infection and blood poisoning. She was put into a medically induced coma for three weeks. After developed gangrene in her lower legs, both of her lower legs below the knee needed to be amputated.
Galette filed her lawsuit in Brooklyn Supreme Court, seeking monetary damages. Seven physicians and the hospital are named as defendants. The hospital attempted to have the case moved to Nassau County, the location of the hospital. Hospital attorneys attempted to change the venue of the case to Nassau County claiming that at the time the lawsuit was filed Galette did not reside in Brooklyn. Galette in response claimed that she had been residing in Brooklyn two months at the time the lawsuit was filed. The court rejected the motion stating that there was credible evidence that when the lawsuit was filed Galette was living in Brooklyn.
The lawsuit was filed in November 2010. Galette moved to live with relatives in Brooklyn in September 2010 and then later moved into another apartment in Brooklyn with her boyfriend. Even the private investigator hired by the hospital reported that she spent her nights in Brooklyn. The hospital claims that Nassau County is the most convenient venue for the trial. They argued that since the medical care and treatment and the place of defendants and potential witnesses was in Nassau County that the trail should be conducted there. While it is discretionary to move the venue of a lawsuit based on the convenience of the witnesses, the court here apparently did not believe it was inconvenient enough for witnesses to travel from Nassau County to Brooklyn to testify.
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