Syracuse Personal Injury Law Blog
Typically, parties in a medical malpractice case will settle their disputes prior to going to trial. If a matter is tried, however, issues of liability and damages will likely be assessed by a jury rather than a judge. While juries are tasked with assessing the evidence presented and making a determination based on that evidence, they do not always issue verdicts in accordance with the evidence. Fortunately, though, the law allows parties to ask the courts to set aside verdicts in medical malpractice matters in which they believe the jury’s verdict is improper. The grounds for vacating a medical malpractice verdict were the topic of a recent New York ruling issued in an allergist malpractice case. If you suffered harm due to the negligence of your allergy doctor, it is smart to meet with a Syracuse medical malpractice lawyer to assess your options for seeking compensation.
The Facts of the Case
It is reported that the decedent contacted the defendant allergist regarding an allergic reaction. The defendant concluded the decedent’s reaction was caused by a blood pressure medication that he had been taking for the last three years and advised him to stop taking the medication. The defendant saw the decedent on two additional occasions and again confirmed he was no longer taking the drug that caused the reaction.
Allegedly, the defendant failed to confer with the decedent’s primary care physician to inform him the decedent should no longer be taking the medication. The decedent collapsed and died a few weeks later. The cause of death was determined to be anaphylactic shock caused by the drug pressure medication. The decedent’s estate filed a medical malpractice case against the defendant. The cause proceeded to trial, and the jury found in favor of the plaintiff. The defendant then filed a motion to set aside the verdict.
Grounds for Setting Aside a Verdict
Under New York law, a motion to set aside a verdict will only be granted in cases in which there is no valid line of reasoning and permissible inferences which could plausibly lead a rational person to the conclusion the jury reached, based on the evidence presented at trial. In the subject case, the defendant argued that his failure to communicate with the decedent’s primary care physician was not the proximate cause of the decedent’s death. The court agreed, noting that the decedent’s prescription was not refilled prior to his death. Thus, the court granted the motion.
Speak to a Trusted Syracuse Lawyer
Patients rely on allergists to protect their health, but when they fail to comply with the standard of care, it can lead to significant injuries. If you were hurt by the negligence of an allergist, you might be able to recover damages via medical malpractice claims, and it is advisable to speak to an attorney regarding your rights. The trusted Syracuse attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate the circumstances surrounding your harm and help you to pursue the maximum damages recoverable under the law. You can reach us via our online form or by calling us at 833-200-2000 to set up a conference.