Rochester Medical Malpractice and Personal Injury Lawyer Blog
Patients place enormous trust in hospitals and physicians to provide safe, attentive, and competent care. When mistakes occur, the consequences can be devastating for families, and legal action may be the only way to seek accountability. Yet, even strong claims can be lost when procedural hurdles, such as prior dismissals, prevent a court from reaching the merits of a case. A recent decision from a New York court illustrates how the doctrine of res judicata can bar medical malpractice claims, underscoring the importance of careful legal strategy from the outset. If you or a loved one has been harmed due to negligent medical care, it is essential to consult with a Rochester medical malpractice attorney to protect your rights.
Case Setting
It is reported that the plaintiff brought a medical malpractice action against multiple defendants, including the defendant hospital, alleging negligence in the care of her newborn infant in January and February 2015. In July 2017, the plaintiff filed an action in state court, which was later removed to federal court. There, the federal court ordered voluntary dismissal without prejudice of the claims against the United States to allow the plaintiff to complete the administrative exhaustion process required under the Federal Tort Claims Act.
Allegedly, in February 2019, the plaintiff’s attorney moved to be relieved as counsel in both actions. The court scheduled a hearing for March 2019 that required the plaintiff’s appearance. When the plaintiff failed to appear, the state court granted counsel’s request to withdraw and dismissed the state action with prejudice.
It is alleged that in January 2023, nearly four years later, the plaintiff commenced a new medical malpractice action in state court. The defendant hospital responded by moving to dismiss the complaint, asserting that the claims were barred by the doctrine of res judicata due to the prior dismissal order. The trial court granted the hospital’s motion, finding that the plaintiff was precluded from relitigating claims that arose from the same events. The plaintiff appealed.
Res Judicata in Medical Malpractice Cases
On appeal, the plaintiff argued that the 2019 dismissal pursuant to was not a determination on the merits and, therefore, should not have triggered the bar of res judicata. The plaintiff emphasized that the dismissal should have been without prejudice.
The court, however, disagreed, stating that under New York law, res judicata bars litigation of claims arising from the same transaction or series of transactions once there has been a final disposition, whether or not every potential claim was raised. The doctrine applies even to judgments or orders entered on default, unless and until they are vacated. Because the plaintiff neither moved to vacate the dismissal order nor sought appellate review of it, the order remained binding.
The court ultimately determined that both the 2017 action and the present action involved the same parties and the same underlying allegations of medical malpractice. As such, the claims in the 2023 action could have been raised in the prior case. Although the plaintiff correctly noted that the earlier dismissal technically should not have been on the merits, her failure to challenge that dismissal left it in full effect. Accordingly, the court affirmed the trial court’s dismissal of the new complaint as barred by res judicata.
Meet with an Experienced Rochester Medical Malpractice Attorney
Procedural history can be as decisive as the merits of a malpractice claim. When cases are dismissed, even inadvertently or for procedural reasons, res judicata may prevent a plaintiff from pursuing the same claims in a later action. If you or a loved one has suffered harm due to suspected medical negligence, it is critical to work with an attorney who can protect your rights at every stage of litigation. The experienced Rochester medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers are dedicated to helping patients pursue justice. Contact us today at 833-200-2000 or online to schedule a free and confidential consultation.
