Generally, a plaintiff has the right to decide where to pursue his or her medical malpractice claim. There are limitations, however, in that a court cannot render rulings in a case in which it has no jurisdiction over an entity or person who is named as a defendant. In a recent hospital malpractice case arising out of the Appellate Division of the Supreme Court of New York, the court explained when the exercise of jurisdiction over an out of state defendant is valid. If you or a family member were rendered insufficient care in a hospital and suffered harm as a result it is critical to meet with a knowledgeable Syracuse hospital malpractice attorney regarding your options for seeking compensation for your harm.
Facts and Procedure of the Case
It is reported that the plaintiff’s decedent received treatment at the defendant hospital, which was located in Pennsylvania, where he was cared for by several physicians. The plaintiff filed a medical malpractice and wrongful death case against the defendant hospital and numerous individually named physicians, all of whom practiced solely in Pennsylvania. The defendants collectively filed a motion for summary judgment, arguing that the court lacked personal jurisdiction and the case must be dismissed. The court granted the motion and the plaintiff appealed.
Exercising Jurisdiction Over Out of State Defendants
On appeal, the court rejected the plaintiff’s assertion that the defendant hospital consented to jurisdiction by registering as a foreign corporation in New York, or that the named defendants consented to jurisdiction by obtaining licenses to practice medicine in New York. Additionally, the court was not persuaded by the plaintiff’s argument that the defendants waived the right to object with regards to personal jurisdiction, due to the fact that the parent company of the defendant hospital accepted service on behalf of the defendants. The court explained that the acceptance of service, standing alone, did not constitute a waiver or an objection to personal jurisdiction. Continue reading