A medical malpractice defendant’s failure to specifically challenge an additur that boosted damages by $13.4 million in a brain injury case precludes the defendant from challenging it on appeal, a divided Appellate Division, Fourth Department, panel has held.
Oakes v. Patel, CA 10-00367, arose from allegations that two doctors and a medical facility in Buffalo failed to diagnose and treat the plaintiff for a sentinel bleed signalling an aneurysm. The jury apportioned fault among the physicians and the medical facility and awarded damages totaling $5.1 million.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
