Generally, a plaintiff in a medical malpractice lawsuit has the right to designate the venue for the case in the initial pleading. The right is not boundless, however, and there are several grounds upon which a defendant can seek a change of venue. Recently, in an opinion delivered by a New York court in a matter arising out of medical malpractice, the court explained the basis for granting a motion for a change of venue. If you suffered harm because of inadequate medical care, it is smart to speak to a Syracuse medical malpractice lawyer about your rights.
The History of the Case
It is alleged that the plaintiff sought treatment from the defendant optometrist for a detached retina in the left eye. The defendant performed an attachment procedure but according to the plaintiff, failed to do so properly. The procedure occurred in the Bronx, at the office of the defendant practice.
It is reported that the plaintiff subsequently filed a medical malpractice claim against the defendants in Bronx County. The defendant practice was dismissed from the case. The defendant optometrist then moved to transfer venue to New York County.
Grounds for Granting a Motion for Change of Venue
The court ultimately granted the defendant’s motion and transferred the venue to New York County. The court explained that the plaintiff designated Bronx County as the venue because that is where the negligent acts occurred. The plaintiff offered no evidence in dispute of the defendant optometrist’s assertion that the treatment and care of the plaintiff took place at the New York office.
The plaintiff further asserted that the defendant did not make a demand to change venue with his answer, and therefore, his motion was improper. She also argued that the applicable rules of procedure set forth discrete grounds for seeking a change of venue, and the defendant failed to explain upon which grounds he based his motion.
The court largely disregarded the plaintiff’s assertions, noting that where the dismissal of a party shows that the events underlying the claims against the defendant did not occur in the venue set forth on the complaint, a change of venue is appropriate.
Based on the foregoing, the court was satisfied that the defendant adequately demonstrated that the plaintiff’s choice of venue was appropriate. As such, it directed the Bronx County Clerk to transfer the action to the New York County Clerk.
Meet with an Experienced Syracuse Medical Malpractice Lawyer
Inadequate medical care often constitutes medical malpractice, and may be grounds for pursuing compensation in a civil lawsuit. If you sustained injuries because of a doctor’s incompetence, you should meet with an attorney to evaluate your possible claims. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers possess the skills and resources needed to prove the liability of negligent doctors, and if you hire us, we will zealously pursue any damages you may be owed. You can contact us through our form online or by calling us at 315-479-9000 to set up a meeting.