New York law dictates that people pursuing damages in medical malpractice cases must prosecute their claims diligently. In other words, if they cause unnecessary delays in moving the case forward, they may be sanctioned. In some cases, such sanctions can include the dismissal of the plaintiff’s claims. Dismissal is a harsh penalty that is typically reserved for extreme cases, however, as noted in an opinion recently issued in a New York medical malpractice case. If you suffered losses due to the negligence of a physician, it is in your best interest to speak with a Syracuse medical malpractice lawyer about your potential claims.
Procedural Background of the Case
It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant in 2017. A short time later, the parties exchanged discovery requests. They then entered into discovery orders which included an order that required the plaintiff to appear for a deposition by a specific date, produce certain discovery, and file a note of issue by a certain time. The plaintiff produced the discovery, but neither party complied with the remainder of the order. About one year later, the defendant moved to dismiss the plaintiff’s complaint for failure to comply with discovery. The court granted the defendant’s motion and dismissed the plaintiff’s complaint. The plaintiff then appealed.
Sanctions for Failing to Prosecute a Case
On appeal, the court reversed the trial court ruling and reinstated the plaintiff’s complaint. In doing so, it stated that the trial court did not have the authority to dismiss the plaintiff’s claims due to general delay, when the defendant failed to serve the plaintiff with a 90-day demand to file and serve a note of issue. Continue Reading ›