Mushatt v. Tompkins Community Hospital

In this medical malpractice action, plaintiff seeks to recover damages on behalf of herself and her infant child based upon allegations of negligence in the care and treatment rendered by defendant Tompkins Community Hospital and defendant Frank Flacco prior to and during plaintiff’s labor and delivery of her child. After issue was joined, the parties proceeded with discovery, but Flacco died as a result of cancer prior to the date scheduled for his deposition. Claiming that she was deprived of the opportunity to depose Flacco by defense counsel’s bad faith in failing to disclose Flacco’s…