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McCormack v. Mount Sinai Hospital
Citations: 88 A.D.2d 947; 451 N.Y.S.2d 443; 1982 N.Y. App. Div. LEXIS 17312
Court: Appellate Division of the Supreme Court of the State of New York; June 14, 1982; New York; State Appellate Court
In a wrongful death and conscious pain and suffering case involving medical malpractice and negligence, Mount Sinai Hospital appeals an order from the Supreme Court, Queens County, which denied its motion for a protective order against the plaintiff’s discovery request. The court modified the order to vacate item (a) of the plaintiff's notice while affirming the remainder, awarding $50 in costs and disbursements to the appellant. The court determined that the plaintiff is not precluded from seeking further discovery despite having filed a note of issue and statement of readiness. The case had been removed from the Trial Calendar in April 1980, and the plaintiff was granted permission to amend the complaint to include a third cause of action for simple negligence. A stipulation for additional discovery was executed by both parties while an appeal was pending. Key materials relevant to the case include the manuals and rules of the hospital regarding wheelchair use during patient discharge, in effect in 1973, which are deemed necessary for establishing negligence. However, the court ruled that the request for manuals from 1981-1982 is not pertinent to the case concerning an incident from 1973. The justices concurred in this decision.