Rochester Medical Malpractice and Personal Injury Lawyer Blog
Discovery is a crucial component of medical malpractice litigation, as it allows parties to gain information in support of their claims and defenses. As such, if a party refuses to respond to their opponent’s discovery requests, they may face sanctions. In only the most extreme cases should inadequate discovery responses result in the dismissal of a claim, however, as discussed in a recent New York ruling. If you were injured or lost a loved one due to incompetent care, you may be owed damages, and it is in your best interest to talk to a Rochester medical malpractice attorney about your options.
Factual and Procedural Background
It is reported that the plaintiff, as the administrator of the estate of the decedent, initiated an action in August 2010 to recover damages for medical malpractice and wrongful death. The plaintiff alleged that the defendants’ negligence led to the decedent’s death from an undiagnosed cardiac condition. The defendants later moved, among other things, to strike the complaint, arguing failure to comply with discovery demands. The trial court granted that branch of the defendants’ motion. However, upon a prior appeal, the appellate court reversed that order and remitted the case to the trial court for further proceedings.
It is alleged that the appellate court found that the record was insufficient to assess whether the plaintiff adequately complied with the discovery demands. Following the remittal, the trial court appointed a referee to examine the circumstances regarding the discovery responses, and in September 2020, the referee found that the plaintiff’s responses were not complete as of August 2016. Consequently, the trial court again granted the defendants’ motion to strike the complaint. The plaintiff appealed this decision.
Sanctions for Failing to Comply with Discovery Requests
Upon review, the court considered whether the trial court properly exercised its discretion in striking the complaint under CPLR 3126, which allows for discovery sanctions if a party fails to comply with court orders or willfully refuses to disclose necessary information.
The court recognized that discovery sanctions, including striking a pleading, are severe penalties and must be used judiciously. In the subject case, the court found that the lower court had erred in striking the complaint because the plaintiff’s failure to comply with discovery was not willful or in bad faith.
In doing so, the court emphasized that while discovery delays had occurred, they did not justify the drastic remedy of striking the complaint. Accordingly, the court reversed the trial court’s order and denied the defendants’ motion to strike the complaint. The case was remanded for further proceedings with the complaint reinstated.
Speak to a Seasoned Rochester Medical Malpractice Lawyer
If you or someone you love sustained losses because of the incompetence of a medical professional, it is wise to speak to a lawyer about your possible claims. The seasoned Rochester medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can evaluate your case and guide you through the process of pursuing any available damages. You can reach us by calling 833-200-2000 or by filling out our online form to arrange a meeting.
