Healthcare providers who recklessly cause their patients harm are often reluctant to concede their liability. Additionally, in some cases, they may go so far as to attempt to overturn a jury’s verdict, deeming them liable. If a jury’s verdict is reasonable upon consideration of the evidence, though, it should be upheld, as demonstrated in a recent New York ruling. If you sustained injuries because of inadequate medical care, it is smart to meet with a Rochester medical malpractice attorney regarding your options.
Facts of the Case and Procedural History
It is reported that the plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, a physician, alleging that his treatment of the decedent, who died by suicide, was substandard. The decedent had been under the defendant’s care in the days and weeks leading up to his death, including an office visit just hours before. A jury found that the defendant had deviated from the standard of care and had failed to send the decedent to the emergency room the day before his death, which were substantial factors in causing the decedent’s death.
Allegedly, the jury awarded the plaintiff damages totaling approximately $10,000. The defendant then moved to set aside the verdict, arguing that there was insufficient evidence to support the findings on the standard of care and proximate cause, and alternatively requested a new trial on liability and damages. The trial court granted the defendant’s motion to set aside the verdict on the issue of proximate cause, dismissing the complaint against him. The court did not address the remaining branches of the defendant’s motion due to this dismissal, and judgment was entered in favor of the defendant. The plaintiff appealed. Continue Reading ›