A New York appeals court has reversed a verdict that exonerated a physician from a 2011 medical malpractice claim, arguing that the judge in the case acted in appropriately. The judge is accused of interrupting and patronizing the plaintiff's attorney in the case, actions which may have swayed the outcome of the suit. The physician, an employee at the Northern Westchester Hospital Center, was accused of being negligent when inserting a breathing tube in a newborn baby. Jurors in the 2011 case found that the doctor was not liable. The judge had separately dismissed other claims against the hospital itself.
Evidence exists to show that the plaintiff's attorney may have been overly aggressive during the courtroom proceedings, but the judge was still responsible for treating both the defendant and the plaintiff equally during the case. The appeals court ruled that the previous judge acted inappropriately when she told the plaintiff's attorney that his questions were "not very good," among other comments.