Voluntary Dismissal


downloadLawyers do their best to present cases before the court, but not every case that is presented goes to trial. Sometimes a malpractice case will be dismissed before it is heard by plaintiffs who discover additional information about their cases they didn’t know before they filed. This is called voluntary dismissal.

One such case happened recently according to the Madison Record. A woman received rotator cuff surgery. After the surgery, the woman’s arm was placed in a sling. The suit had their hand placed in a hyper-flexed position according to the complaint.

After experiencing extended numbness and a feeling of popping in the arm, an MRI was performed by the doctor who performed the surgery. Carpal tunnel syndrome had set in, likely because of the hyper-flexion. Additional surgeries were performed but the condition never improved.

We do not know why the case was voluntarily dismissed by the plaintiff, but we do know it was granted. Sometimes it is because a defending doctor has decided to settle instead of letting the case go to trial. This is the most common reason.

Navigating the world of malpractice is quite difficult. If you have experienced malpractice from your doctors, seek help. Contact Bottar Leone for a consultation. Our law practice is based in Syracuse, NY. For more information about our firm and our practice areas, please browse through the rest of our website.

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