The litigation of medical malpractice lawsuits has changed thanks to COVID-19, which meant that courts struggled to protect the rights of parties involved while abiding by the law. Medical negligence claims proved to be a challenging area to navigate, given the complexities generally associated with these cases.
Recently, a New York court issued an order that addressed the issue of compelling a party to sit for a remote deposition. In this case, it was for a gynecologic malpractice claim. This claim sets a precedent for many others who have suffered losses because of a negligent gynecologist. If you have experienced a similar issue, it’s best to work with a malpractice attorney to ensure you get the compensation you deserve. Here’s what you need to know about the court order:
Background of the Case
According to the case, it was alleged that the plaintiff’s decedent was treated by the defendant, the gynecologist, for an issue they did not specify. The treatment led to some complications, causing the plaintiff’s decedent to lose her life. As a result, the plaintiff filed a medical malpractice lawsuit against the gynecologist to seek justice and compensation for the loss of life.
However, because of circumstances caused by COVID-19, the plaintiff was hesitant to attend depositions in person, following social distancing guidelines. The plaintiff then filed a motion to compel the defendant to proceed with the depositions remotely. While the defendant objected, the court passed the plaintiff’s motion and ruled in her favor.
The Rise of Remote Depositions
Before COVID-19, most depositions took place in person, as there was no risk or threat of catching a contagious disease. Although the current New York procedural rules are written on the assumption that all depositions are conducted in person, parties can require it to be conducted remotely to prevent the virus’s further spread. However, even if the other party does not agree to perform the depositions remotely, there is no strict rule that depositions must take place in person.
Courts can issue an order that regulates, limits, or conditions any disclosure mechanism, including depositions. The order must be designed to prevent disadvantage, prejudice, or unreasonable expense to either party involved. Some remote depositions have taken place in New York even before the pandemic since courts have recognized that any undue hardships may arise from being forced to sit for a deposition face-to-face.
In this case, the New York court asserted that other courts had recognized the personal and public health risks that are an undue hardship because of the pandemic. As such, the court agreed with the plaintiff’s motion and ruled in her favor, as it exhibited the required elements for a court to conduct a remote deposition.
Conclusion
Given the extraordinary circumstances that people are facing because of the pandemic, courts have issued orders that ensure that both parties are not subjected to any undue hardship due to the proceedings. They have shown that it is possible to seek justice even with the difficulties brought by COVID-19 and that remote depositions are a viable solution while a case is ongoing.
If you were harmed because of a medical professional’s negligence, be sure to speak with a lawyer to understand the claims you can assert. Working with a lawyer will inform you of your rights and help you protect them, ensuring you get the justice and compensation you deserve.
Ronemus & Vilensky is a law firm specializing in accident and malpractice. We help our clients deal with personal injury, sexual harassment, construction accidents, auto accidents, lead exposure, and many more. If you need an accident lawyer, be sure to get in touch with us today.