A
New York appellate court ruled that a hospital that was not party to a lawsuit
could not be compelled to provide a copy of its bylaws to plaintiffs in a medical
malpractice action. Catalano v. Moreland,
750 N.Y.S.2d 209 (N.Y. App. Div. 2002)
A
New York appellate court ruled that a hospital that was not party to a lawsuit
could not be compelled to provide a copy of its bylaws to plaintiffs in a medical
malpractice action.
A patient sued her physician for failing to obtain her informed consent prior to surgery. The patient requested that the hospital, which was not named as a defendant in the lawsuit, provide her with a copy of its bylaws. The court ruled that the hospital did not have to produce its bylaws because the information they contained was not "material and necessary" in determining whether the defendant physician obtained the informed consent of the patient. In addition, the court noted that "insofar as the bylaws set forth standards of care and procedures concerning peer review and quality management, they are not discoverable."