Pursuing claims against a medical physician or facility can be a long and involved process in New York. There are instances where the situation is complicated even further by the fact that the claimant may be forced to maintain a professional relationship with the party they are attempting to hold liable. In such cases, a person with legitimate medical malpractice concerns may be encouraged by others to withhold or withdraw their complaint.
New York Yankees third baseman Alex Rodriguez filed a medical malpractice lawsuit against the orthopedic surgeon and medical facility associated with the diagnosis of a hip injury he sustained a couple years ago. Rodriguez’ ability to play was seriously compromised by the injury last year, and he accused the doctor of failing to recognize his real injury.
Now, the player is preparing to return to the field after being suspended for a whole season, and has therefore apparently decided to withdraw his claims against the two parties in his lawsuit. In explaining his decision for dropping the lawsuit, representatives for Rodriguez did not state that his original accusations were incorrect. Once Rodriguez returns to the field, he will be entitled to the remainder of his contract pay, in addition to other monetary incentives.
Despite the fact that a person may have a professional relationship with the parties involved in their malpractice dispute, they aren’t automatically prohibited from pursuing claims in many cases. In fact, claimants can be protected against forms of retaliation and/or inappropriate pressure to withdraw complaints, and an experienced attorney can help ensure that peoples’ rights are safeguarded during malpractice proceedings.
Source: ESPN, “Alex Rodriguez drops final lawsuit,” Andrew Marchand, June 20, 2014