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,, 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 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

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