The Second Department, in a comprehensive full-fledged opinion by Justice Leventhal, determined that plaintiff was entitled to punitive damages in a medical malpractice action stemming from the defendant doctor’s (Mercado’s) destruction of handwritten notes made at the time plaintiff’s decedent was seen by the doctor. Plaintiff’s decedent, a child, Claudialee, died as a result of Mercado’s failure to diagnose diabetes:
… [W]e now hold that where, as here, a plaintiff recovers compensatory damages for a medical professional’s malpractice, a plaintiff may also recover punitive damages for that medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability. Allowing an award of punitive damages for a medical professional’s act of altering or destroying medical records in an effort to evade potential medical malpractice liability will serve to deter medical professionals from engaging in such wrongful conduct, punish medical professionals who engage in such conduct, and express public condemnation of such conduct. Thus, the Supreme Court did not err in submitting the issue of punitive damages to the jury … . Gomez v Cabatic, 2018 NY Slip Op 00278, Second Dept 1-17-18
NEGLIGENCE (MEDICAL MALPRACTICE, PUNITIVE DAMAGES, PUNITIVE DAMAGES PROPERLY SENT TO THE JURY IN THIS MEDICAL MALPRACTICE ACTION, DEFENDANT DOCTOR DESTROYED HAND WRITTEN NOTES MADE WHEN SEEING PLAINTIFF’S DECEDENT, A CHILD, WHO DIED BECAUSE OF THE DOCTOR’S FAILURE TO DIAGNOSE DIABETES (SECOND DEPT))/MEDICAL MALPRACTICE (PUNITIVE DAMAGES PROPERLY SENT TO THE JURY IN THIS MEDICAL MALPRACTICE ACTION, DEFENDANT DOCTOR DESTROYED HAND WRITTEN NOTES MADE WHEN SEEING PLAINTIFF’S DECEDENT, A CHILD, WHO DIED BECAUSE OF THE DOCTOR’S FAILURE TO DIAGNOSE DIABETES (SECOND DEPT))/EVIDENCE (MEDICAL MALPRACTICE, PUNITIVE DAMAGES, DESTRUCTION OF WRITTEN NOTES, PUNITIVE DAMAGES PROPERLY SENT TO THE JURY IN THIS MEDICAL MALPRACTICE ACTION, DEFENDANT DOCTOR DESTROYED HAND WRITTEN NOTES MADE WHEN SEEING PLAINTIFF’S DECEDENT, A CHILD, WHO DIED BECAUSE OF THE DOCTOR’S FAILURE TO DIAGNOSE DIABETES (SECOND DEPT))/DAMAGES (MEDICAL MALPRACTICE, PUNITIVE DAMAGES PROPERLY SENT TO THE JURY IN THIS MEDICAL MALPRACTICE ACTION, DEFENDANT DOCTOR DESTROYED HAND WRITTEN NOTES MADE WHEN SEEING PLAINTIFF’S DECEDENT, A CHILD, WHO DIED BECAUSE OF THE DOCTOR’S FAILURE TO DIAGNOSE DIABETES (SECOND DEPT))/PUNITIVE DAMAGES (MEDICAL MALPRACTICE, PUNITIVE DAMAGES PROPERLY SENT TO THE JURY IN THIS MEDICAL MALPRACTICE ACTION, DEFENDANT DOCTOR DESTROYED HAND WRITTEN NOTES MADE WHEN SEEING PLAINTIFF’S DECEDENT, A CHILD, WHO DIED BECAUSE OF THE DOCTOR’S FAILURE TO DIAGNOSE DIABETES (SECOND DEPT))