Medical records are a critical component of establishing liability in medical malpractice cases. As such, if a hospital named as a defendant in a medical malpractice case fails to retain records regarding a plaintiff’s treatment, it may be sanctioned by the court. Generally, though, the court will not impose the drastic remedy of striking the defendant’s pleading, as demonstrated in an opinion recently delivered by a New York court. If you sustained losses because of a doctor’s negligence, you should speak to a Rochester medical malpractice lawyer about what evidence you may need to prove liability.
The Facts of the Case
It is reported that the plaintiff, who was born at the defendant’s medical center, suffered injuries during her birth. She subsequently filed a lawsuit against the defendant, setting forth claims of medical malpractice, lack of informed consent, and negligent hiring and supervision. The defendant moved for summary judgment dismissal of the plaintiff’s lack of informed consent and negligent hiring and supervision claims.
Allegedly, the plaintiff cross-moved for summary for spoliation sanctions on the grounds that the defendant failed to preserve the plaintiff’s fetal monitoring strips. The trial court granted the defendant’s motion and denied the plaintiff’s motion while granting her leave to renew the motion to the extent it sought an adverse inference instruction at trial. The plaintiff then appealed. Continue reading