Howard Regional Health System Case Summary

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The case is between Howard Regional Health System d/b/a Howard Community Hospital, Charles G. Marler, M.D., and Community Family Health Center, and Jacob Z. Gordon b/n/f Lisa Gordon. Jacob Gordon suffered serious disorders related to his care when he was delivered by emergency cesarean section in 1999 at Howard Community Hospital. Jacob’s mother - Lisa filed a malpractice complaint for damages against the Hospital and in time amended to include the obstetrician and outpatient health center. In 2003 and 2004 Gordon’s counsel requested medical record from the Hospital and Hospital responded 18 months later that some of the nurse's narrative notes, labor records, and initial fetal data information couldn't be located. She retained an expert physician to review the records that were available and compare the care provided Jacob to medical standards but he could not give an …show more content…
Spoliation is when someone intentionally destructs, mutilates, alterates or concealments evidence. Doctrine regulating spoliation of evidence was first addressed in 1959 and since then some jurisdictions a spoliation tort action. Like in Gordon’s case victims are allowed to file a separate tort action against the spoliator – in this case Howard Regional Health System d/b/a Howard Community Hospital. Tort of spoliation is the topic that brings lots of controversies because of the fact of intentional act as well as time when the case can be started. Due to lack of clarity it is hard to correctly apply it in time – should it be file simultaneously with civil action. Also the fact that some courts require bad faith to be proven complicates the processes. In Gordon’s case The Court of Appeals decided that in this case intentional first - party spoliation of evidence might have been used to establish an inference that the evidence was unfavorable to the party

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