Forensic Handwriting Expert Permitted to Examine Hospital Records to Determine if Medical Malpractice Covered-Up
In Lofton v. Grieco, the plaintiffs argued that Glen Cove Hospital delayed performing necessary surgery on a patient who died before the surgery was performed. The hospital record contains a doctor's note purportedly documenting the decedent's refusal to have the surgery, but the plaintiffs contend that the doctor's note was written after the decedent died in an attempt to cover-up medical malpractice. The plaintiffs moved for an order compelling the hospital to produce the original record for a non-destructive examination, inspection and photographing by plaintiff’s forensic handwriting expert. Plaintiff's motion was granted by Nassau County Supreme Court Justice Randy Sue Marber.