VII. Preservation Of Documents And Other Evidence
As the authors have previously mentioned, nursing home malpractice cases tend to be highly document intensive. During the initial meeting with the owner and director of the nursing facility, defense counsel must make every effort to identify and retain those documents which will undoubtedly become the subject of a request to produce propounded by the plaintiff’s attorney. In light of the complexity of nursing home malpractice cases, and in light of the fact that these cases deal with sensitive and often overwhelming emotional issues, the last thing the defense counsel will want to deal with is a claim for spoliation of evidence when certain documentary material cannot be found.
