Legal Question in Medical Malpractice in New York

Couple of months ago, question was posted about (med. malpractice case) stipulation of discontinuance with prejudice and if plaintiff should be informed about it and signature of a client, quote: "usually" required. I asked similar question last year and want to ask question again.

What is a difference (if any) between stipulation of discontinuance with prejudice against defendant or discontinuance with prejudice against plaintiff? Is signature of a client required?


Asked on 10/04/10, 1:12 pm

1 Answer from Attorneys

Because it is the plaintiff who initiates the lawsuit, it is the plaintiff who must stipulate to discontinue it (although it is the attorneys for both sides who actually sign the stipulation document) upon settlement. In exchange for discontinuing the lawsuit, the plaintiff, not the lawyer, signs a release form, stating the amount of money to be received from the defendant. The phrase "with prejudice", appearing in either or both the stipulation and the release, means the lawsuit is over once and for all, and the plaintiff may not ever sue again for the injuries suffered by reason of the alleged malpractice. Best, M. E. Zuller

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Answered on 10/10/10, 4:49 am


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