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Nursing Home Loses Med Mal Case For Ignoring Court Orders

Law360, Los Angeles (July 27, 2017, 8:26 PM EDT) -- A New York appeals court Wednesday said a patient’s estate suing a nursing home for medical malpractice in connection with the patient’s death won its case by default since the home repeatedly failed to respond to the estate’s discovery demands and the trial judge’s orders over several years.

A four-judge Second Judicial Department panel unanimously ruled to give an automatic win to estate administrator Georgette Schiller, by striking the answers of Sunharbor Manor, incorporated as Sunharbor Acquisition I LLC, in a suit accusing the nursing home of providing negligent care to patient Bernice Schiller, which caused an infection in the patient’s...

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