Panel Orders New Trial in Medical Malpractice Case
A new trial must be held because a judge in a medical malpractice case failed to adequately answer questions from the jury about what evidence it could consider when determining plaintiff's proper care, an appeals court said.
June 30, 2017 at 10:00 AM
2 minute read
A new trial must be held because a judge in a medical malpractice case failed to adequately answer questions from the jury about what evidence it could consider when determining plaintiff's proper care, an appeals court said.
An Appellate Division, Third Department, panel overturned the defense verdict in Meyer v. Saint Francis Hospital, 523255, ruling that the responses of Ulster County Supreme Court Justice Christopher Cahill “precluded [the jury] from fairly considering a critical issue.”
Justice Christine Clark, writing for the panel, said Cahill did not “fully or adequately answer” questions related to whether, and how, the jury should consider the hospital's lack of documentation linked to treatment of plaintiff Suzanne Meyer.
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