In any medical malpractice case, while the plaintiff has the discretion to control which venue the case is filed in, the defendant can move for a change of venue if it feels the venue is improper. A New York trial court recently addressed the issue of when a change of venue is appropriate in a neurosurgery malpractice case. If you suffered harm due to inadequate neurosurgical care, it is critical to retain a Rochester neurosurgery malpractice attorney with the knowledge and experience needed to properly handle the procedural aspects of your claim.
Factual and Procedural Background
Reportedly, the plaintiff husband treated with the defendant physicians at the defendant hospital for an ophthalmic aneurysm. Plaintiffs subsequently filed a medical malpractice claim against the defendants in 2013, arising out of harm allegedly caused by care the plaintiff husband received from the defendants. The case was filed in Bronx County, based on the plaintiff wife’s residence. The plaintiffs move to Schenectady County in 2014. In 2019, the parties stipulated to dismiss the defendant hospital. Subsequently, the remaining defendants filed a motion for change of venue to Westchester County, arguing that the venue was no longer proper as none of the parties resided in Bronx County, and the alleged malpractice occurred in Westchester County. The court denied the motion.
Standard for Granting a Change of Venue
In New York, a defendant can seek a change of venue within a reasonable time after the lawsuit is commenced. There are three specific grounds for change of venue under the relevant statute. First, venue can be changed if the designated county is improper. Venue can also be changed if an impartial trial cannot be conducted in the relevant county, or if a change of venue is appropriate for the convenience of the material witnesses. Here, the defendants argued that a change of venue was necessary because it was not the proper county, as none of the parties lived there.