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.
Inquest on Damages
Because the issue of damages is so intertwined with the issue of causation in a medical malpractice action, and because such actions are unique in that a defendant doctor can be negligent without being the cause of any injury, the authors submit that a defaulting defendant should be permitted to introduce evidence on the issue of whether the claimed injury resulted from the alleged malpractice, or from another factor or factors, in whole or in part.
By
Katherine W. Dandy And Max G. GaujeanThis premium content is locked for LawJournalNewsletters subscribers only
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