Legal Question in Medical Malpractice in New York
Medical Malpractice
I am a plaintiff in Medical Malpractice case against doctor and hospital. My case is now at pre-trial stage (NOI was filed last November).
January this year I found out about stipulation of discontinuance with prejudice against hospital signed by my attorney - with no settlement .
Case against doctor moving forward. What is the difference between case just been discontinued and discontinued with prejudice.
As it was explained to me by my attorney's associate - I can't ever re-file it again and case was not settled. How it is prejudice against hospital? Sound like it is prejudice against me - plaintiff.
2 Answers from Attorneys
Re: Medical Malpractice
A stipulation of discontinuance with prejudice means that the case against the hospital is gone, and you cannot bring the action again agaist the hospital. It is prejudice against you.
You have lost a defendant, who probably had a deeper pocket for collection of damages, and most importantly, at trial the hospital may have pointed fingers against the doctors involved.
Usually you should have the clients consent and knowledge to discontinue against a defendant.
If you have any questions, please feel free to contact me.
Re: Medical Malpractice
There was likely a strategic or factual reason your attorney discontinued the claim against the hospital with prejudice. You should insist on a personal meeting with the lawyer and have the matter explained clearly. Best, ME Zuller
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