Legal Opinion

Gilbert v. Highland Hospital

New York Supreme Court

Decided March 24, 2016PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Daniel J. Doyle, J.

In this medical malpractice action, the plaintiff has brought this application to compel discovery of the audit trails of the decedent’s medical records. For the reasons set forth below, the plaintiff’s motion to compel is granted.

Introduction

The plaintiff commenced this medical malpractice action on behalf of the decedent alleging that the defendant hospital was negligent in failing to properly diagnose Cynthia Gilbert and that medical condition subsequently resulted in her death. As alleged in the complaint, on November 26, 2013, the decedent presented…

2Cases cited5 opinions

  1. People v. ScarolaNew York Court of Appeals · 1988
  2. Minister of the Reformed Protestant Dutch Church v. 198 Broadway, Inc.New York Court of Appeals · 1983
  3. In re the Estate of SchneierAppellate Division of the Supreme Court of the State of New York · 1980
  4. Irwin v. Onondaga County Resource Recovery AgencyAppellate Division of the Supreme Court of the State of New York · 2010
  5. RIORDAN, CLARENCE F. v. CELLINO & BARNES, P.C.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by2 opinions

  1. in Re State Farm LloydsTexas Supreme Court · 2017
  2. Vargas v. LeeAppellate Division of the Supreme Court of the State of New York · 2019

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