Forensic Handwriting Expert Permitted to Examine Hospital Records to Determine if Medical Malpractice Covered-Up

A frequent discussion we have with our clients in medical malpractice cases is whether a hospital’s or doctor’s records have been altered or rewritten. We and our clients often doubt the authenticity of the records. There have been occasions where the records our office obtains from a hospital or physician differ from the records our client has obtained directly from the provider. When the records are different, it is easier to establish that the records have been changed. In Lofton v. Grieco, a hospital was ordered to produce an original record of admission for a non-destructive examination, inspection and photographing … Read the rest

Court Finds Child Neglect Where Parents Refuse to Consent to Life-Saving Surgery “because it stops the heart.”

Matter of Eli H. v. Barbara H., nn-01297-08, decided on November 28, 2008 by Judge Barbara R. Potter of St. Lawrence County Family Court, required the court  to balance the religious beliefs of “loving, caring parents” of an infant born on April 1, 2007 with life-threatening congenital heart defects with the court’s duty as “parens patriae” to ensure the infant’s health and safety.

The heart defects were initially treated by the surgical insertion of a shunt between his aorta and his pulmonary artery to increase the blood flow to his lungs. Due to the infant’s growing body, the shunt … Read the rest

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