Syracuse medical malpractice lawsuits involving multiple defendants can be complex. The plaintiff’s case against some of the defendants may be stronger or weaker than his or her case against the others, possibly leading to quicker and more effective settlement negotiations against one or more of the health care providers against whom money damages are sought. Just as naming multiple defendants complicates a medical negligence lawsuit, so may the death of the primary plaintiff in such a lawsuit, especially if his or her death allegedly resulted from the acts of malpractice giving rise to the claim.
A recent case explored some of the issues that can arise when the original plaintiff passes away in the middle of a lawsuit involving several medical provider defendants, one of whom had allegedly entered into an arbitration agreement with the original plaintiff prior to his death.
In a recent case filed in the Supreme Court of St. Lawrence County in 2015, the original plaintiff was a man who sought monetary compensation for alleged acts of medical malpractice and chiropractic malpractice from multiple medical provider defendants. While the lawsuit was pending, the original plaintiff entered into an arbitration agreement with one particular defendant, and a stipulation of discontinuance was entered as to that defendant. Accordingly, the trial court deleted that defendant from the caption of the complaint.