Generally, the plaintiff in a medical malpractice case has the right to decide where to file the complaint. Defendants have the right to move for a change of venue, though, for various reasons. For example, they may be able to argue that the case should be tried in the venue in which their primary office is located. Recently, a New York court discussed venue in podiatrist malpractice cases, in a matter in which the parties disputed where the case should be heard. If you suffered harm due to incompetent treatment from a podiatrist, you might be owed damages, and you should consult a Rochester podiatry malpractice lawyer as soon as possible.
The Facts of the Case
It is reported that the plaintiff sought podiatric treatment from the defendant’s ambulatory treatment center. She underwent a procedure performed by the defendant doctor. She subsequently suffered unspecified harm, which she attributed to the fact that the treatment was not rendered properly. As such, she filed a medical malpractice lawsuit against the defendant. The plaintiff resides in Westchester County, and she is treated in Westchester County.
It is alleged, however, that the plaintiff designated Bronx County as the venue of the case on the grounds that the defendant doctor, who also resides in Westchester County, had a principal office in Bronx County. The defendant moved for a change of venue, arguing his principal office was in Westchester County. The trial court granted the motion, and the plaintiff appealed. The trial court ruling was reversed on appeal, and the defendant filed a subsequent appeal. Continue reading