In most cases, as the plaintiff is the party that commences a lawsuit, he or she chooses the venue in which an action will be heard. In certain instances, however, the defendant can move for a change of venue, which the court may grant if it finds that the forum chosen by the plaintiff is not appropriate. In a recent New York appellate court case in which the plaintiff alleged harm due to the failure to diagnose her husband in a timely manner, the court discussed what constitutes an appropriate forum in a medical malpractice lawsuit. If you the suffered the loss of a loved one due to a doctor’s negligent failure to diagnose an injury or illness you should speak with an experienced Syracuse failure to diagnose malpractice lawyer regarding your options for seeking damages.
Facts of the Case
It is alleged that the plaintiff’s husband treated with the defendant physician at the defendant hospital. The plaintiff’s husband ultimately died due to an aneurysmal AV fistula. The plaintiff filed a lawsuit against the defendants, alleging medical malpractice due to the failure to diagnose the plaintiff’s husband in a timely manner, wrongful death, and lack of informed consent. The defendants filed a motion to change the venue from one county to another. The court denied the motion and the defendants appealed.
Appropriate Venue in a Medical Malpractice Case
Under New York law, the court can change the place of a trial in an action where the county in which the lawsuit was filed is not the proper county. For the court to grant a defendant’s motion to dismiss, the defendant must prove that the venue chosen by the plaintiff is improper and that his or her chosen venue is proper. If the defendant meets this burden, the plaintiff can oppose the motion by showing that the venue he or she selected is proper.
The New York laws of civil procedure provide that the proper venue is the county where one of the parties resided when the lawsuit was commenced. With regards to businesses, they are considered to be residents of any county where the principal office is located, and of the county where the owner of the business resides. The appropriate venue for a claim arising out of a business’s operations is the county in which the business’s principal office is located.
In the subject case, the plaintiff sought to recover damages for medical malpractice that was reportedly committed at the office where the defendant doctor worked. Thus, the court found that the county in which the defendant doctor maintained his business, which was the county in which the plaintiff filed the case, was the appropriate venue. Therefore, the court affirmed the trial court ruling.
Meet with a Proficient Failure to Diagnose Malpractice Attorney to Discuss Your Case
If you lost a loved one because of a doctor’s failure to diagnose or treat an illness in a timely manner it is in your best interest to meet with a proficient Syracuse failure to diagnose malpractice attorney to discuss your case. The capable failure to diagnose malpractice attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers will assess the facts surrounding your harm and craft compelling arguments to help you in your pursuit of a favorable outcome. We can be reached at 315-479-9000 or through our form online to schedule a meeting to discuss your case.