Medical malpractice cases often settle or are dismissed prior to reaching the trial stage. If they are not, though, a jury will be tasked with determining issues such as the defendant’s liability and the plaintiff’s damages. Juries are expected to issue verdicts that align with the evidence presented by the parties, but if they do not, parties can ask the court to set aside the verdict. In a recent New York opinion issued in a medical malpractice case against a family doctor, the court discussed what a party who wishes to vacate a jury’s verdict must establish. If you were harmed by a careless physician, it is in your best interest to meet with a trusted Syracuse family doctor malpractice lawyer to discuss your options.
The Plaintiff’s Claims
It is reported that the plaintiff visited the defendant family care doctor with complaints of pain in his left ear. The defendant examined the plaintiff and observed he had impacted cerumen in his ear and prescribed him antibiotics. He returned a week later with similar symptoms. The defendant’s medical assistant attempted to irrigate the plaintiff’s ear to remove the cerumen but was unable to clear the blockage. Thus, the defendant performed irrigation on the ear.
Allegedly, at a follow-up visit three days later, the defendant advised the plaintiff that the tympanic membrane in his left ear had been perforated, and he would need to undergo surgery to correct the injury. The plaintiff commenced a medical malpractice lawsuit against the defendant, alleging the defendant failed to obtain his informed consent prior to performing the irrigation. A jury ultimately issued a verdict in favor of the defendant, and the plaintiff filed a motion to set aside the verdict. Continue reading