The role of the courts in filtering medical malpractice claims figured prominently in a recent appellate ruling from Rochester, where a divided panel engaged in a spirited debate before allowing the claim to go to a jury.
Wilk v. James, 12-00577, an Appellate Division, Fourth Department, appeal decided on Friday, distilled to a dispute among the judges over whether the plaintiff had raised a factual issue for a jury, and a judgment call on what constitutes sufficient evidence in the framework of medical malpractice motion practice.
