In medical malpractice cases in New York, the plaintiff generally decides where the action will be heard, as the plaintiff is the party filing the lawsuit. A defendant has the right to seek a change of venue, however, if the County the plaintiff chose to file his or her lawsuit is not an appropriate place for the matter to be heard. The grounds for granting a motion for change of venue were recently discussed by a New York appellate court in a hospital malpractice case that was originally filed in Bronx County. If you were injured by negligent care in a hospital, it is prudent to speak to an assertive Rochester hospital malpractice attorney regarding what damages you may be able to recover in a civil lawsuit.
Procedural History of the Case
It is reported that the plaintiff’s decedent was admitted to a hospital in Newburgh and then transferred to a hospital in the Bronx, where she died. The plaintiff filed a medical malpractice lawsuit in Bronx County against the defendants, alleging that the venue was based on the defendant’s business address. The complaint further alleged that the defendants operated a healthcare facility that served customers in the Bronx. The defendants filed a motion for change of venue, claiming that none of the parties resided in the Bronx. The plaintiff opposed the motion, arguing that venue was proper because a large portion of the events that lead to the decedent’s death occurred in the Bronx. The court found in favor of the plaintiff, and the defendants appealed. On appeal, the appellate court reversed and moved the action to Orange County.
Grounds for Changing Venue in a New York Case
Under New York law, a party seeking a change of venue must not only demonstrate that the plaintiff’s choice of venue is improper, but also that the defendant’s choice of venue is appropriate. If a defendant meets this burden, the plaintiff must demonstrate that his or her chosen venue was proper. Further, the procedural rules provide that except when otherwise stated by law, an action must be tried in the County where one of the parties resided when the action commenced or where a substantial portion of the events that gave rise to the action occurred.
In the subject case, the court found that the defendants met their burden of showing that the plaintiff chose an improper venue and that the venue the defendants wished to move the action to was proper. While the plaintiff argued in opposition that the events out of which the action arose occurred in the Bronx, the complaint did not support that assertion. Thus, the court reversed the trial court ruling.
Discuss Your Harm with a Skillful Rochester Attorney
If you were injured by incompetent medical care in a hospital, you should contact at Rochester hospital malpractice attorney regarding your options for seeking damages. The skillful attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers are adept at proving liability in hospital malpractice cases and we will zealously pursue the best possible results under the facts of your case. We can be reached through the online form or at 585-653-7343 to schedule a meeting.