Hospital Can't Sanction Patient Over Deleted Facebook Profile

Law360 (August 26, 2019, 6:02 PM EDT) -- A Florida federal judge rejected a Cape Coral hospital's sanctions bid on Monday in a suit by a patient who alleges she was sexually assaulted by a nurse, rejecting the hospital's claims that the woman acted in bad faith when she deleted her Facebook profile during litigation.

U.S. District Judge John E. Steele said Lee Memorial Health System's request for spoliation sanctions against Donia Goines and her counsel required proof of bad faith, which the hospital did not demonstrate. But the judge noted in the footnotes of the opinion and order that Lee Memorial is not precluded from introducing facts regarding...

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