Generally, a person injured by medical malpractice has the discretion to choose where to file a lawsuit seeking damages. If the defendant believes a lawsuit was filed in an improper county, though, the defendant can challenge the plaintiff’s selection and petition the court to move the case to another location. Recently, the Supreme Court, Appellate Division, Second Department, New York, discussed the basis for transferring a matter to another venue, in a case alleging medical malpractice against numerous defendants. If you were injured by negligent medical care, it is critical to retain a knowledgeable Rochester medical malpractice attorney to assist you in pursuing your claims in the appropriate venue.
Factual and Procedural Background
Allegedly, the plaintiffs filed a medical malpractice action in Dutchess County against numerous care providers. The chosen venue was based upon the purported location of the main office of one of the defendants. The defendants then filed motions to change the venue of the case to Tompkins County. The plaintiffs objected to the defendants’ motions, but the trial court granted the motions on the grounds that Dutchess County was not a proper county for pursuing the claims, despite the plaintiffs’ objections. The plaintiffs then appealed.
What Constitutes Proper Venue in a Medical Malpractice Case
In New York, a defendant can file a motion to change the place of a trial where the county chosen by the plaintiff is not the proper county. To successfully prove a change of venue is warranted, the defendant must not only show that the plaintiff’s chosen venue is improper but also that the venue chosen by the defendant is proper. If the defendant meets this burden, the burden then shifts to the plaintiff to show that the chosen venue is, in fact, proper.