Wednesday, February 7, 2018

Supplemental Deposition of Med Mal Defendant Allowed On Limited Basis

In the medical malpractice case of Venosh v. Henzes, No. 11 - CV - 3058 (C.P. Lacka. Co. Jan. 18, 2018 Nealon, J.), the Lackawanna County Court of Common Pleas granted in part and denied in part a Plaintiff's motion to compel relative to requested additional discovery responses from, and a supplemental deposition of, a defendant doctor.

In this case, the Plaintiff attempted to secure the additional deposition of the doctor after the Plaintiff had certified the case for trial under a certification that all discovery had been completed.  The Plaintiff wished to depose the doctor on a written statement he had made to a health insurer relative ot an internal quality-of-care review of the treatment provided to the Plaintiff.

The court allowed the deposition but circumscribed the scope of the questioning to a very narrow issue.  The court noted that no prejudice was established relative to the additional discovery, particularly since the trial date was still nine months into the future.

Anyone wishing to review this Opinion by Judge Nealon may click this LINK.

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