NEW YORK BILL OF PARTICULARS PERSONAL INJURY TRIAL

The trial court granted the motion, and the plaintiff appealed. The parties had no communication until April 2019, when the defendant filed a motion to dismiss. The plaintiff’s attorney sent a letter to the defendant’s attorney with a proposed scheduling order stating that a note of issue would be filed by December of 2017, but the defendant’s attorney did not respond. The parties’ attorneys had several discussions regarding the scheduling of the plaintiff’s deposition and set a date and time, but the defendant ultimately canceled the deposition. As such, in May 2017, the defendant served the plaintiff with a 90-day demand to file a note of issue. It is reported that the plaintiff did not respond. In September of that year, issue was joined, and the defendant served the plaintiff with a demand for a bill of particulars, a notice of deposition of the plaintiff at an agreed-upon date and time, and discovery requests.

In April 2015, she commenced a medal malpractice lawsuit against the defendant. It is alleged that in 2012, the plaintiff underwent a fertility procedure that was performed by the defendant. If you suffered harm due to the negligence of your OB-GYN, it is in your best interest to contact a Syracuse medical malpractice attorney to assess what claims you may be able to pursue. Defendants cannot use the law to benefit from delays they caused, however, as discussed in a recent ruling delivered in an OB-GYN malpractice matter. As such, it drafted a statute that allows defendants to compel a plaintiff to move a case forward within 90 days, otherwise, it may be dismissed. The New York legislature is wary of people filing medical malpractice lawsuits and then delaying the resolution of their claims.

New york bill of particulars personal injury