Often, the negligence of numerous medical providers will contribute to a person’s harm. Thus, it is not uncommon for a plaintiff in a medical malpractice case to assert claims against numerous defendants. In some instances, a plaintiff may be able to settle with one defendant while claims against other defendants remain unresolved. Recently, a New York court explained the effect that settling claims with one defendant could have on the remaining claims against other defendants, in a case in which the plaintiff alleged she was harmed by chiropractic malpractice. If you suffered injuries due to negligent treatment provided by a chiropractor, it is advisable to speak to a dedicated Syracuse chiropractic malpractice attorney regarding your possible theories of recovery.
Facts of the Case
Allegedly, the plaintiff suffered injuries to her neck and back following treatment from the defendant chiropractor. She then received additional treatment from the defendant doctor, after which her condition worsened. She subsequently filed a medical malpractice lawsuit against the defendants and the chiropractic center and hospital, where the defendants respectively worked. The chiropractic defendants agreed to proceed to arbitration with the plaintiff, and during arbitration, it was determined that the defendant chiropractor’s negligence was a substantial cause of the plaintiff’s harm, and damages were awarded to the plaintiff.
It is reported that following arbitration, the plaintiff dismissed her claims against the chiropractic defendants. The hospital defendants then filed a motion for summary judgment, arguing that the issue of liability had been determined by the arbitration, and the plaintiff was precluded from pursuing claims for damages arising out of her alleged harm. The court denied the motion, and the hospital defendants appealed.