It has been more than a decade since we last addressed the issue of spoliation of evidence, and that discussion was limited to the context of missing fetal monitor strips in cases involving obstetrical malpractice (See T. Moore and M. Gaier, “Missing Fetal Monitor Strips In Obstetrical Malpractice Cases,” Medical Malpractice, NYLJ, Dec. 7, 2010, p. 3).
Since that time, there have been a significant number of Appellate Division decisions addressing motions by plaintiffs in malpractice actions seeking sanctions against defendants for spoliation of evidence, as well as a few involving malpractice defendants seeking sanctions against plaintiffs. Those decisions are the subject of this column.
