Scenario (based on a real Massachusetts case): A patient who was allegedly injured due to the negligence of a hospital in Massachusetts brought a medical malpractice suit against the hospital. During discovery in the case, the patient and his attorney learned that the hospital had lost the patient's medical records, which contained the only documentation of the critical time period during which the alleged malpractice event occurred.
- What is the duty of the hospital to properly maintain the record?
- Imagine you are on the jury in this case. How does the fact that this patient's record turned up missing make you feel about the hospital's case?
- What might the judge do in this situation that would make the case more difficult for the hospital to win?