Syracuse Personal Injury Law Blog
People seeking damages for medical malpractice in civil lawsuits have the right to a fair trial in front of an impartial jury. If that right is violated by the judge or an attorney, it may be grounds for reversing the outcome of the case. This was demonstrated in a recent opinion issued in a New York medical malpractice matter in which the appellate court ordered a new trial due to prejudicial comments from the trial court judge. If you were harmed by negligent medical care, you have the right to seek compensation, and it is advisable to speak to a Syracuse medical malpractice attorney as soon as possible.
The Facts of the Case
It is alleged that in 2012, the plaintiff commenced a medical malpractice lawsuit against the defendant. In his complaint, the plaintiff alleged that the defendant failed to diagnose his skin cancer in a timely manner, which ultimately led to the amputation of a toe on his left foot. The defendant moved for dismissal via summary judgment, but the court denied his motion. A trial was held, after which the jury ruled in favor of the defendant, finding that he did not deviate from the accepted practice of medicine. The trial court then issued a corrected judgment in favor of the defendant. The plaintiff appealed.
The Right to an Impartial Trial in Medical Malpractice Cases
The appellate court stated that, although the issue was not preserved for appellate review, the verdict in favor of the defendant must be set aside and the matter remitted for a new trial in the interest of justice. Specifically, the appellate court stated that comments made by the trial court judge and the defendant’s attorney during the course of the trial deprived the plaintiff of his right to a fair trial and potentially could have unjustly influenced the jury.
The appellate court explained that, under New York law, litigants have the right to a trial that is free from improper comments from the judge or opposing counsel as a matter of law. In other words, trial courts are expected to main an impartial attitude and exercise a high degree of forbearance and patience at all times.
Further, trial judges are prohibited from injecting themselves into the proceedings to the extent that the jury cannot review the evidence presented in the case in a neutral manner. Here, the appellate court found that the trial judge repeatedly made prejudicial comments throughout the course of the trial, as did the defendant’s counsel. Thus, the plaintiff was deprived of his right to a fair trial.
Speak to an Experienced Syracuse Medical Malpractice Attorney
People harmed by medical negligence have the right to a trial in front of an impartial jury of their peers, and if they are denied that right, they may have grounds for an appeal. If you were harmed by medical malpractice, you might be able to recover damages in a civil lawsuit, and you should meet with an attorney promptly. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your potential claims and help you to seek any compensation available under the law. You can contact us through our form online or by calling us at 833-200-2000 to set up a meeting.