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Inquest on Damages

By Katherine W. Dandy and Max G. Gaujean
February 25, 2010

Consider the following scenario: A defendant doctor in a medical malpractice case has failed to comply with his discovery obligations. As a result, his answer is stricken and the case proceeds to an inquest on the issue of damages. During the inquest, the defendant attempts to introduce evidence that the plaintiff's injuries were not caused by the doctor's negligence, but by another factor, in whole or in part; namely, the plaintiff's pre-existing medical condition. Plaintiff objects, claiming that the issue of causation was determined by the default. How should the court rule? Should the defendant be permitted to present such evidence, or is he deemed to have admitted, by virtue of his stricken answer, that his negligence was the sole cause of plaintiff's injuries?

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