There are two types of spoliation of evidence in medical negligence litigation: physical and content. Physical spoliation of evidence occurs where the tortfeasor physically destroys evidence or in some way makes the evidence unavailable.
Spoliation of Evidence: The Lost Records Effect
There are two types of spoliation of evidence in medical negligence litigation: physical and content. Physical spoliation of evidence occurs where the tortfeasor physically destroys evidence or in some way makes the evidence unavailable. For example, there's the "shredder effect," where the record is physically destroyed. Or the record can be left on the Risk Manager's desk until the day prior to trial. In either event, there is no physical record.
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Elliott B. OppenheimThis premium content is locked for LawJournalNewsletters subscribers only
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