Rosenblit v. Zimmerman

The opinion of the Court was delivered by

LONG, J.

This case involves a physician who deliberately destroyed and altered medical records in anticipation of a patient’s malpractice lawsuit against him. By happenstance, the patient obtained the original records prior to trial. The jury returned a verdict in favor of the physician in the malpractice action. The patient later recovered a judgment for fraudulent concealment of evidence. Both parties appealed. We are called upon here to determine what remedies are available to a plaintiff in these circumstances.

I

The facts are not in serious dispute.…