Syracuse Personal Injury Law Blog
Typically, a plaintiff in a medical malpractice case will submit their claims to a judge rather than a jury. There is always a risk that a jury could issue a ruling that does not comport with the evidence presented, but in such instances, the law allows a party to move to set aside the verdict and seek a new trial. A party moving for such relief faces a high burden of proof, however, as discussed in a recent New York medical malpractice case in which the court denied the plaintiff’s motion to set aside an unfavorable ruling. If you suffered losses due to incompetent medical care, you could be owed damages, and it is smart to confer with a Syracuse medical malpractice lawyer to assess your rights.
The Facts of the Case
It is alleged that the defendant doctor prescribed the plaintiff, who was 34 years old, birth control pills. The plaintiff later suffered a stroke. She then filed a lawsuit against the defendant, asserting claims of negligence and lack of informed consent. The case proceeded to trial, and the jury issued a verdict in favor of the defendant. The plaintiff moved to set aside the verdict as against the weight of the evidence, or in the alternative, to set aside the verdict and grant judgment in her favor as a matter of law. The court denied her motion, and she appealed.
Establishing That a Medical Malpractice Verdict Should be Set Aside
Under New York law, a motion to set aside a verdict and grant judgment as a matter of law will only be granted if there are no permissible inferences or valid line of reasoning that could potentially lead a rational jury to the conclusion made based on the evidence that was presented at the trial.
The appellate court reiterated the well-established edict that in order to establish liability for medical malpractice, the plaintiff must show that the defendant deviated from the standard of care and that the deviation caused the plaintiff’s harm.
In the subject case, the appellate court explained that the evidence presented at the trial could have reasonably led the jury to conclude that the defendant did not violate the standard of care. Specifically, it revealed that the plaintiff did not advise the defendant that she had a history of strokes and asked for a refill of her birth control prescription despite the fact that the defendant had never prescribed her that medication. As such, the appellate court affirmed the trial court ruling.
Speak to a Capable Syracuse Medical Malpractice Lawyer
People harmed by medical malpractice will often seek damages via civil lawsuits, but if the juries evaluating their cases do not find it in their favor, it may be difficult for them to show their verdicts should be overturned. If you suffered harm because of incompetent medical care, it is advisable to speak to a medical malpractice lawyer regarding what recourse is available. The capable attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your rights and help you to seek the best legal result possible under the facts of your case. You can reach us through our online form or by calling us at 833-200-2000 to set up a conference.