Legal Opinion
Madkins v. State
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 5 opinions
1Opinion of the Court
The claimant failed to demonstrate that the defendant’s loss of the fetal heart monitoring strips in this case left her prejudicially bereft of evidence to prosecute her malpractice claim. Rather, the medical record, which includes progress notes, some references to the fetal heart rate at certain points in the mother’s brief labor, and other relevant evidence, established that the claimant’s ability to pursue her claim was not fatally compromised so as to warrant the drastic sanction of striking the defendant’s answer (see Rodman v Ardsley Radiology, P.C., *117580 AD3d 598 [2011]; Coleman v…
2Cases cited5 opinions
- Baglio v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Gotto v. Eusebe-CarterAppellate Division of the Supreme Court of the State of New York · 2010
- Coleman v. Putnam Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Shayovich v. 800 Ocean Parkway Apartment Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Rodman v. Ardsley Radiology, P.C.Appellate Division of the Supreme Court of the State of New York · 2011
3Cited by5 opinions
- In re Viilage of Port ChesterAppellate Division of the Supreme Court of the State of New York · 2012
- Jamindar v. Uniondale Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 2011
- Weiss v. Bellevue Maternity HospitalAppellate Division of the Supreme Court of the State of New York · 2014
- Weiss v. Bellevue Maternity HospitalAppellate Division of the Supreme Court of the State of New York · 2014
- WeissvBellevueMaternityHospitalAppellate Division of the Supreme Court of the State of New York · 2014