#A BILL OF PARTICULARS TRIAL#

Specifically, the appellate court explained that the original bill of particulars stated that the defendant failed to adequately and properly warn the plaintiff of the side effects of using Depakote, while in the amended bill of particulars the plaintiffs sought to file, they asserted that the defendant failed to warn the plaintiff that Depakote was known to increase the risk of liver damage and weight gain.

#A BILL OF PARTICULARS TRIAL#

On appeal, the appellate court affirmed the trial court ruling, but on different grounds. When an Amendment to a Bill of Particulars is Necessary The trial court denied their motion, and they appealed. In 2019, however, ten years after the lawsuit was instituted, the plaintiffs moved for leave to serve a supplemental bill of particulars. As such, he and his wife subsequently filed a lawsuit asserting lack of informed consent and medical malpractice claims against the defendant.Īllegedly, the plaintiffs submitted their bill of particulars in accordance with the court’s scheduling order. The plaintiff ultimately suffered liver damage and weight gain as a result of taking the medication. At some point during his care, the defendant prescribed the plaintiff Depakote to treat migraine headaches.

It is reported that the plaintiff treated with the defendant, who was a primary care physician. If you sustained damages due to negligent medical treatment, you may be owed compensation, and it is in your best interest to confer with a Rochester medical malpractice attorney to evaluate your potential claims. In a recent ruling issued in a medical malpractice case, a New York court examined when an amendment to a bill of particulars is necessary. Thus, if a plaintiff realizes that their bill of particulars lacks critical information, they may move for an amendment.

If a plaintiff fails to assert alleged misconduct in a bill of particulars, it generally waives to right to pursue claims based on said acts or omissions.

Under New York law, a plaintiff in a medical malpractice case is required to submit a bill of particulars, which essentially is a document outlining the basis of their claims against the defendant.

A bill of particulars