Syracuse Medical Malpractice and Personal Injury Lawyer Blog
Discovery is a key component of demonstrating fault and damages in medical malpractice cases. Additionally, defendants rely on discovery to help them mount defenses to the claims against them. As such, the courts do not look kindly on a party’s refusal to comply with discovery requests and may, in fact, issue judgments as a matter of law against such parties, as demonstrated in a recent New York medical malpractice case. If you were harmed by the carelessness of a doctor, it is wise to confer with a Syracuse medical malpractice lawyer about your possible claims.
Factual Background and Procedural Setting
Reportedly, in June 2016, the plaintiff initiated an action against the defendant to recover damages for medical malpractice and lack of informed consent related to an MRI scan conducted in 2015. The plaintiff was required, pursuant to a July 2019 order, to provide certain authorizations by July 2019 and to file a note of issue by January 2020. The plaintiff failed to meet these requirements. In June 2022, the defendant served the plaintiff with a 90-day notice under CPLR 3216.
Allegedly, the plaintiff subsequently moved to extend the time to file a note of issue in July 2022. The defendant opposed this motion and cross-moved to strike the complaint based on the plaintiff’s repeated failure to comply with discovery demands and court orders. In September 2022, the trial court granted the defendant’s cross-motion and denied the plaintiff’s motion. The plaintiff appealed this decision.
The Implications of the Failure to Comply with Discovery Requests
On appeal, the court reviewed the district court’s rulings regarding discovery sanctions under CPLR 3126 and the dismissal of the case under CPLR 3216. CPLR 3126 allows for sanctions, including striking a pleading, where a party fails to obey a disclosure order or willfully fails to disclose necessary information.
In doing so, the court emphasized that although public policy favors resolving actions on their merits, drastic remedies like striking a pleading are justified where there is a clear showing of willful and contumacious conduct. This can be inferred from repeated failures to respond to demands or comply with discovery orders without reasonable excuses.
In the subject case, the plaintiff’s continuous non-compliance with discovery obligations and court orders, without adequate excuses, demonstrated such conduct. Consequently, the court found that the trial court appropriately exercised its discretion in striking the plaintiff’s complaint and upheld the decision. The plaintiff’s remaining contentions were not addressed due to the determination on the main issue.
Confer with an Experienced Syracuse Medical Malpractice Attorney
Those harmed by the carelessness of their medical practitioners can often recover compensation in medical malpractice claims, but they must abide by any applicable rules, otherwise they may be denied the right to pursue claims against those responsible for their harm. If you or a loved one suffered harm due to medical negligence, it is sensible to consult with an attorney about what damages you may be entitled to pursue in a medical malpractice lawsuit against the parties responsible for your injuries. The adept Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your damages and assist you in determining the best strategy to protect your interests. You can reach us at 833-200-2000 or through the online form to set up a consultation.
