Generally, plaintiffs have the right to choose the forum in which they wish to pursue their medical malpractice claims. There are limitations to the plaintiff’s right to designate where a case should be heard, however, and if a court lacks jurisdiction over a matter, the plaintiff cannot demand that it preside over a case. This general rule was illustrated in a recent New York opinion in which the court affirmed the dismissal of a plaintiff’s surgical malpractice case due to lack of jurisdiction. If you suffered harm because of a negligently performed surgery, it is in your best interest to speak to an experienced Rochester surgical malpractice lawyer about your options for seeking damages.
The Procedural History of the Case
Reportedly, the plaintiff filed a medical malpractice lawsuit against the defendant health center and other parties, alleging he suffered harm due to complications arising out of a surgical repair of an inguinal hernia. He voluntarily dismissed his claims via the other parties via stipulation. The defendant health center filed a motion to dismiss the plaintiff’s claims, and the matter was referred to a magistrate judge who issued a report and recommendation that the court grants the defendant’s motion. The court adopted the report and recommendation and granted the motion. The plaintiff then filed a motion for reconsideration.