In New York, the plaintiff generally determines where to file a medical malpractice lawsuit, within certain parameters. Once a medical malpractice lawsuit is filed, any depositions in the case will usually be conducted in the same county where the case was instituted. A defendant can object to the location of a deposition, and under certain situations, the objections will be sustained, as demonstrated in a ruling recently set forth in a surgical malpractice case in New York. If you were harmed by an improperly performed surgery, you might be owed compensation, and you should meet with a capable Syracuse surgical malpractice attorney to discuss your rights.
Factual and Procedural Background of the Case
Allegedly, the defendant surgeon performed breast reconstruction surgery on the plaintiff. After the surgery, it became apparent that the defendant used the incorrect size implants, causing the plaintiff to suffer disfigurement and emotional trauma. The plaintiff then filed a medical malpractice case against the defendant surgeon and the defendant hospital where the procedure was performed.
It is reported that during the course of discovery, the plaintiff noticed the depositions of the defendant surgeon as well as several other doctors and medical professionals who provide care to cancer patients. The defendants moved for a protective order, asking the court to rule that the depositions must be conducted in New York County rather than the county in which the action was filed, which was 350 miles away. The trial court granted the defendant’s motion, and the plaintiff appealed.