Generally, parties in New York medical malpractice cases rely on juries to resolve issues of liability and damages. Juries do not always issue verdicts that comport with the evidence presented, however. Thus, if a jury’s verdict is against the weight of the evidence, the New York Civil Practice Laws and Rules permit a party to file a motion to set aside the verdict. Thus was demonstrated in a recent otolaryngologist malpractice case, in which a New York court discussed when a jury’s verdict should be set aside as against the weight of the evidence. If you suffered harm due to negligent care rendered by an otolaryngologist, you should consult a knowledgeable Syracuse otolaryngologist malpractice attorney to explore what evidence you must produce to obtain a favorable outcome.
Facts Regarding the Plaintiff’s Treatment
It is reported that the plaintiff underwent a surgical procedure on her sinuses to treat chronic sinusitis. When the defendant was performing the procedure, she noticed a thinning of one of the bones in the plaintiff’s sinus cavity and therefore applied a dural patch to the bone. Following the procedure, the plaintiff suffered a diminished ability to smell or taste. The plaintiff then underwent a procedure with a second doctor who drained a cyst in her sinuses and repaired the bone in the area where the dermal patch had been applied.
It is alleged that the plaintiff then filed a lawsuit against the defendant for medical malpractice. After a trial, the jury found that the defendant departed from the accepted practice of medicine in failing to advise the plaintiff of the dermal patch following the surgery and that the defendant’s departure caused the plaintiff’s harm, and issued a verdict in favor of the plaintiff. The defendant then filed a motion to set aside the jury’s verdict as against the weight of the evidence.