In a medical malpractice lawsuit, both the plaintiff and defendant have burdens of proof that they must meet to win the case. If a defendant meets the burden of proof of producing evidence, that on its face shows no substandard treatment, the case may be dismissed unless the plaintiff rebuts the defendant’s evidence by showing there is a triable issue of fact.
This was illustrated in a recent New York appellate court case in which the court overturned a trial court ruling granting the defendants’ motion for summary judgment, where the appellate court found there was a triable issue. If you suffered harm due to insufficient care or monitoring in a hospital you, should meet with an experienced Rochester medical malpractice attorney to determine whether you may be able to seek damages from the hospital and any doctor that treated you.
Reportedly, the plaintiff was admitted to the defendant hospital with stroke symptoms. At some point after he was admitted, he fell out of his hospital bed. The plaintiff and his wife subsequently filed a medical malpractice lawsuit against the defendant hospital and the defendant physician that treated him at the hospital. Following discovery, the defendants filed a motion for summary judgment, which the trial court granted. The plaintiffs then appealed.