Syracuse Personal Injury Law Blog
The outcome of medical malpractice cases rests squarely on how the judge and jury view the evidence presented by the parties. Thus, while a plaintiff may believe her evidence to be compelling and sufficient to obtain a verdict in her favor, the outcome of the case may indicate otherwise. While there are measures a plaintiff can take to attempt to overturn a seemingly unjust verdict, they are often unsuccessful. Recently, a New York court discussed the evaluation of evidence in a medical malpractice case in which the plaintiff filed an appeal on numerous evidentiary grounds. If you were injured by incompetent medical care, it is smart to speak to a Syracuse medical malpractice lawyer to discuss what evidence you will need to recover compensation.
The Plaintiff’s Allegations
It is reported that the plaintiff underwent laparoscopic surgery at the defendant hospital to address a ruptured ectopic pregnancy. During the surgery, she suffered nerve damage, and she subsequently filed a medical malpractice lawsuit against the defendant hospital and the surgeon who performed the procedure.
Allegedly, after discovery was complete, the plaintiff moved for summary judgment, but the court denied her motion. The case went to trial, and the jury issued a verdict in favor of the defendant. The plaintiff then filed a motion to set aside the verdict as against the weight of the evidence, but her motion was denied. She then appealed the denial of both motions.
Evaluating Evidence in Medical Malpractice Cases
On appeal, the appellate court affirmed the trial court ruling. The court explained that although the plaintiff met the burden of proving she was entitled to judgment as a matter of law, the defendants raised a triable issue of fact as to whether they deviated from the standard of care via their expert affirmation. The court found that, contrary to the plaintiff’s assertions, the defendants’ expert’s opinion was detailed, factual, and addressed each of the plaintiff’s allegations of negligence. Thus, the defendant demonstrated there was a factual dispute that required a trial.
Further, the court found that the trial court properly denied the plaintiff’s motion to set aside the verdict as against the weight of the evidence. The court noted that such a motion would only be granted if the evidence was so greatly in favor of the moving party that the jury could not reach the verdict via any fair interpretation of the evidence. Here, the court found that the plaintiff failed to prove that the verdict did not align with the evidence. Thus, the trial court ruling was affirmed.
Speak to an Experienced Syracuse Lawyer
It is not uncommon for people to suffer harm due to reckless health care providers, but injured parties must provide ample proof their treating providers caused their harm; otherwise they may be denied recovery of damages. If you were hurt by a careless doctor, it is smart to speak to an attorney about your rights. The Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can advise you of your options for seeking damages and help you to pursue the best legal outcome possible. You can contact us through our online form or by calling us at 833-200-2000 to set up a conference.