Thursday, May 25, 2017

Judge Minora of Lackawanna County Addresses Medical Malpractice Discovery Issue

In his recent decision in the case of Snyder v. DeCesare, et.al., No. 2015-CV-1939 (C.P. Lacka. Co. Jan. 20, 2017 Minora, S. J.), Senior Judge Carmen D. Minora of the Lackawanna County Court of Common Pleas addressed a Plaintiff’s Motion to Compel the production of the Defendant nurse’s personnel file in a medical malpractice matter.

The Defendants objected to this request as not relevant, overly broad, and not reasonably calculated to lead to admissible evidence.  

Judge Carmen D. Minora
Lackawanna County

Judge Minora relied upon a two-part test enunciated in the case of Shedlock v. UPMC Presbyterian, Inc., 2014 W.L. 3155117, 69 D.&C. 4th  1 (C.P. Allegh. Co. Wettick, J.).   After reviewing that test, the court ruled in favor of the Plaintiff finding that the Plaintiff made a prima facie showing of a relationship between the level of care alleged and the allegations pled in the Complaint, as well as a plausible argument that the information sought in discovery may assist the Plaintiffs in establishing the claims presented.  


Anyone wishing to review Judge Minora's decision in this case may click this
LINK.

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