Syracuse Personal Injury Law Blog
Syracuse medical malpractice lawsuits can have multiple complications, especially when the alleged act of medical negligence resulted in a loved one’s death. Part of the reason for this is that the actual plaintiff in such a case is the deceased person’s estate – not his or her survivors. Although family members may ultimately receive the proceeds of the litigation, if it is successful, the action is maintained in the name of the estate, not the individuals. This added layer of complexity means that extra time may be needed in order for all of the appropriate steps to be taken as the case is prepared to be filed, so please act quickly if you have lost a loved one due to a doctor or hospital’s neglect.
Facts of the Case
In a recently decided wrongful death case, the plaintiff was the administrator of the estate of a woman who allegedly died due to medical malpractice by the defendants, a nursing and rehabilitation center and another medical provider. The plaintiff filed suit in the Supreme Court of Nassau County, asserting a wrongful death claim. The defendants filed a motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211(a)(3) and (7) on the basis that the plaintiff lacked the capacity to maintain the action due to alleged disqualification; the plaintiff was not only the administrator of the decedent’s estate, he was also the decedent’s son, one of two distributees of the decedent’s estate, an attorney, and one of three witnesses to the alleged medical negligence at issue.
The trial court agreed with the defendants that the advocate-witness rule barred the plaintiff from acting as counsel for the decedent’s estate and granted their motion to the extent of disqualifying the plaintiff as counsel for the decedent’s estate. The plaintiff appealed.
Decision of the Court
The Supreme Court of the State of New York Appellate Division, Second Judicial Department, reversed the lower tribunal’s order. According to the appellate court, the issue of an attorney’s disqualification was a matter that was within the trial court’s sound discretion. Generally speaking, a party’s entitlement to be represented by counsel of his or her choice was a valued right that was not to be abridged unless there was a clear showing that disqualification was warranted. When a party sought to disqualify his or her opponent’s attorney, he or she had the burden of making such a showing.
The court then noted that, while the advocate-witness rule set forth in 22 NYCRR 1200.0 provided “guidance” for the courts in making a determination of disqualification, the rule was not to be considered binding authority on the question of whether a party’s attorney should be disqualified. Here, the other distributee to the decedent’s estate affirmed that his interests in the litigation were the same as those of the plaintiff and that he wanted the plaintiff to remain the estate’s attorney. The court also noted that the plaintiff had apparently attempted to retain alternative counsel but had been unable to do so; thus, disqualifying him as counsel would have essentially foreclosed the estate’s claim. Thus, under the particular circumstances at hand, the reviewing court ruled that the lower tribunal had been improvident in its exercise of discretion in disqualifying the plaintiff as counsel to the decedent’s estate.
Consult an Attorney About Your Syracuse Malpractice Case
To talk to an experienced Syracuse medical malpractice attorney about your loved one’s wrongful death, call the attorneys of DeFrancisco & Falgiatano, LLP, at 833-200-2000 and ask for a free consultation. Please remember that New York law limits the time for filing suit in a medical negligence case, so it is important to take timely legal action, lest your right to pursue fair compensation be deemed waived.