Procedural errors and the failure to comply with court-ordered and statutory deadlines can have a detrimental impact on a plaintiff’s case, and in some instances, may result in the dismissal of a case altogether. This was illustrated in a recent medical malpractice case filed in New York, in which the court dismissed the plaintiffs’ case after they failed to file a response in opposition to the defendants’ motion for summary judgment in a timely manner. If you were injured by a reckless health care provider, you may be owed compensation, and you should speak to a zealous Rochester medical malpractice attorney as soon as possible to avoid waiving your right to pursue damages.
Factual and Procedural History
It is alleged that while the plaintiff husband was at the defendant medical center for cardiac-related physical therapy, he fell off of a stationary bike and suffered severe injuries. Thus, the plaintiff husband and his wife filed a lawsuit against the medical center alleging claims of medical malpractice. The plaintiffs also filed a product liability case against the manufacturer of the bike, and the two cases were ultimately consolidated. The defendant medical center moved for summary judgment after the completion of discovery.
It is reported that the plaintiff filed four requests for adjournments of the deadline to submit an opposition to the defendant’s motion, which the court granted. The plaintiffs eventually filed their brief in opposition after the final deadline had passed. The defendant medical center asked the court to grant its motion as unopposed due to the late submission, while the plaintiffs sought another adjournment. The court granted the defendant’s motion, and the plaintiffs appealed.