In a medical malpractice case, whether the plaintiff’s claims are ultimately successful depends on numerous factors, including whether the plaintiff complies with the rules of procedure. In other words, even if a plaintiff has a meritorious claim, if he or she does not move his or her case along in a reasonable fashion as required under New York law, the plaintiff’s claim may be dismissed, despite the fact that the defendant may have caused the plaintiff’s harm. This was demonstrated in a recent New York case in which a woman sought damages for harm caused by a gynecologist, but failed to take any action in the case for over a year. If you were harmed by incompetent gynecological care, it is prudent to speak to a trusted Rochester gynecologic medical malpractice attorney to analyze whether you may be able to recover damages.

Factual and Procedural History

It is alleged that the plaintiff visited the defendant fertility clinic for an egg donation procedure. Prior to the procedure, the defendant’s employees administered an excessive amount of medication to the plaintiff, which resulted in ovarian hyperstimulation syndrome and multiple ovarian cysts. As such, the plaintiff filed a medical malpractice case against the defendant. The plaintiff filed her lawsuit in April 2015, and in September 2015, the plaintiff joined the issue, and the defendant served the plaintiff with demands for a bill of particulars, discovery requests, and a deposition notice. The plaintiff failed to respond, however, and until July 2017, when she served the defendant with discovery responses and a bill of particulars.

Reportedly, the defendant then sent the plaintiff another deposition notice. Depositions were never conducted or scheduled, however, and no other developments occurred in the case. As such, in 2020, the defendant filed a motion to dismiss the plaintiff’s complaint for lack of prosecution.

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While the jury system is an essential part of jurisprudence in our country, it is not perfect, and juries do not always rule properly. Thus, a party that believes a jury verdict is improper can either seek a new trial or a new verdict. Recently, in a gynecologic malpractice case, a New York appellate court discussed the standards for determining if a new trial is warranted in a case in which the defendant alleged the jury’s verdict was improper.  If you sustained harm because of incompetent care rendered by a gynecologist, it is advisable to speak with a seasoned Rochester gynecological malpractice attorney to discuss what claims you could possibly pursue.

Facts of the Case

It is alleged that the plaintiff reported to the defendant gynecologist with complaints of abdominal pain. An examination revealed that the plaintiff had a mass in her uterus, after which the defendant recommended that the plaintiff undergo a dilation and curettage procedure to remove the mass. The defendant performed the procedure in his office, but during the procedure, he punctured the plaintiff’s bowel and uterus. The plaintiff then commenced a medical malpractice lawsuit against the defendant. Following a trial, a jury found in favor of the plaintiff and awarded her $400,000 for future pain and suffering for a period of five years. The defendant filed a motion to set aside the verdict, arguing that the damages for pain and suffering were against the weight of the evidence. The trial court denied the defendant’s motion, and the defendant appealed.

Setting Aside a Verdict Under New York Law

Pursuant to New York law, a motion asking the court to set aside a verdict and seeking a new trial in the interest of justice encompasses errors in a trial court’s ruling on issues such as surprise, newly discovered evidence, and the admissibility of evidence. In evaluating a motion to set aside a verdict, a court must determine whether the verdict is substantially fair or whether it had been affected, using his or her common sense, experience, and sense of fairness rather than precedent.

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Many surgical procedures have potential side effects, some of which may be life-altering. Thus, before a patient commits to undergo a surgical procedure, the physician performing the procedure must advise the patient of the known risks of harm, so that the patient can make an informed decision as to whether he or she wants to proceed with the surgery. Thus, if a doctor fails to properly advise a plaintiff of a known risk of harm associated with a procedure, the doctor may be liable for malpractice. This was discussed by a New York appellate court case in which the plaintiff suffered urinary incontinence following a hysterectomy. If you suffered harm due to a negligent gynecologist, it is wise to consult a proficient Rochester gynecology malpractice attorney regarding your potential damages.

Factual Background

Allegedly, the plaintiff underwent a vaginal hysterectomy that was performed by the defendant. Following the hysterectomy, she began to experience urinary incontinence. She subsequently filed a medical malpractice lawsuit against the defendant, alleging that the surgery was unnecessary and that the defendant failed to obtain her informed consent prior to performing the surgery. The defendant filed a motion for summary judgment, which was denied by the court. The defendant subsequently appealed, but upon review, the appellate court affirmed the trial court ruling.

Medical Malpractice Arising Out of Lack of Informed Consent

In its analysis, the court noted that the defendant made a prima facie showing that he was entitled to dismissal of the claims against him as a matter of law, by producing an expert report that stated that the plaintiff’s urinary incontinence was a consequence of chronic interstitial cystitis, which the plaintiff was diagnosed with following the procedure. The court noted, however, that in opposition to the defendant’s report, the plaintiff set forth an expert report opining that urinary incontinence was a well-known consequence of vaginal hysterectomies and that the plaintiff’s symptoms began shortly after the procedure.

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