In nursing malpractice cases, like any other civil case, it is essential for both parties to comply with deadlines and to answer discovery requests in promptly, so that the case may be resolved in an equitable and efficient manner. Thus, if a party fails to abide by the statutory deadlines and obligations, it may waive the right to produce evidence at trial. Recently, the appellate division of the New York Supreme Court discussed what constitutes sufficient grounds to preclude a party from introducing evidence in a nursing malpractice case. If you suffered harm due to inappropriate care rendered by a nurse, you should meet with a knowledgeable Syracuse nursing malpractice attorney regarding your harm and what compensation you may be owed.
Factual and Procedural Background
It is reported that the plaintiff’s decedent was a resident at the defendant’s nursing and rehabilitation facility. During her stay, she suffered a pulmonary injury and a leg injury. She was subsequently transferred to a hospital, where she died. The plaintiff asserted a nursing malpractice claim against the defendant. During discovery, the plaintiff requested information regarding the nurses that worked at the defendant facility during the time the plaintiff’s decedent was admitted. The defendant refused to provide the information, and the plaintiff filed a motion to compel.
Allegedly, the defendant then provided the plaintiff with certain identifying information pursuant to a court order. The plaintiff subsequently moved to prohibit the defendant from producing any evidence at trial and to strike the defendant’s answer due to the defendant’s refusal to comply with discovery demands. The court denied the plaintiff’s motion, after which the plaintiff appealed.