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Verdicts
Hospital Ordered to Produce Records It Claims Don't Exist
New York's Supreme Court, Clinton County, has ordered a hospital to produce records documenting the number of surgeries performed by a doctor even though the hospital claimed that, because the requested records do not exist, it would have to create documents in order to comply. Sawyer v. Abodeely, 53 Misc. 3d 1220(A); 2016 N.Y. Misc. LEXIS 4528, *; 2016 NY Slip Op 51753(U), **.
Plaintiff Lance Sawyer alleged that the sigmoid colectomy Dr. Abodeely performed on him to treat his gastrointestinal issues was not a necessary procedure. Sawyer wanted to know how many of the same or similar procedures his doctor, Dr. Abodeely, had performed in the recent past. The doctor said he was unable to estimate that number, so he directed the plaintiff to obtain the records from the hospital's database. Sawyer therefore served the hospital with a notice of discovery and inspection.
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