Madkins v. State
Cases that cite this one
5 later published cases cite this decision.
- WeissvBellevueMaternityHospital (Appellate Division of the Supreme Court of New York 2014)
- Weiss v. Bellevue Maternity Hospital (Appellate Division of the Supreme Court of New York 2014)
- Weiss v. Bellevue Maternity Hospital (Appellate Division of the Supreme Court of New York 2014)
- In re Viilage of Port Chester (Appellate Division of the Supreme Court of New York 2012)
- Jamindar v. Uniondale Union Free School District (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The claimant failed to demonstrate that the defendant’s loss of the fetal heart monitoring strips in this case left her prejudicially bereft of evidence to prosecute her malpractice claim. Rather, the medical record, which includes progress notes, some references to the fetal heart rate at certain points in the mother’s brief labor, and other relevant evidence, established that the claimant’s ability to pursue her claim was not fatally compromised so as to warrant the drastic sanction of striking the defendant’s answer (see Rodman v Ardsley Radiology, P.C.,
In view of the foregoing, the Court of Claims properly granted the defendant’s motion to compel the claimant to provide a certificate of merit pursuant to CPLR 3012-a. Mastro, J.P., Chambers, Lott and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.