Applicaton

In this I had found an article on negligence of my place of work. This negligence had happened in December 24, 2011. It’s Kunz v. South Suburban Hospital. The people involved are Sharon Kunz and Karl Kunz, as parents of Kurt Kunz.

Sharon and Karl Kunz filed a negligence suit on behalf of their son Kurt, who suffers from cerebral palsy. Plaintiffs allege Kurt’s present condition was caused by defendant’s negligence in the course of Kurt’s birth. Kurt was delivered at South Suburban Hospital by Dr. Neil Levie. Dr. Perry Gilbert, the radiologist who interpreted Sharon’s ultrasound before Kurt’s birth. Defendants were able to obtain court orders compelling plaintiffs to produce treatment records for Sharon’s earlier pregnancies, in 1988 and 1990 that resulted in the births of Kurt’s two siblings (justiaUSlaw.com). They also obtained orders compelling the production of subsequent medical records of those siblings.

The defendant South Suburban Hospital had already obtained records associated with the 1988 birth of one of the siblings at South Suburban. Plaintiff’s moved to bar the use of the records of the 1988 birth. Dr. Levie moved to compel the records from the 1990 birth at an Indiana hospital of the other sibling.

Dr. Gilberts counsel then filed a statement from an anonymous consultant explaining why the records would be relevant to an expert opinion about the causes of Kurt’s cerebral palsy (justiaUslaw.com). Dr. Levie counsel filed a statement saying that a neurologist said there is a reasonable likelihood that the records might affect the opinions he or she could reach about the causes of Kurt’s condition.

Plaintiff’s moved to strike the affidavits and, in the alternative, moved to compel the appearance of the unnamed consultant and neurologist to answer questions about the affidavits in compliance with section 2-1105 of the Code of Civil Procedure. The court denied plaintiffs motions. Plaintiff’s counsel then refused to produce the treatment records...