An adverse inference granted against a hospital was warranted in a medical malpractice and battery case because the hospital’s defense attorney and not the hospital attempted to contact a former patient to secure testimony, the state Superior Court has ruled.
On June 9, a unanimous three-judge Superior Court panel ruled in Bowser v. Albert Einstein Medical Center to affirm the findings of the trial court, which had granted an adverse inference charge against Albert Einstein Medical Center and Dr. Ramtin Ramsey for failing to properly seek testimony from the plaintiff’s former hospital roommate. The proposed witness allegedly was present during an incident where the doctor repeatedly inserted an IV needle into the plaintiff’s arm, hands and neck, occasionally without her consent.
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