Unsigned
Rawlins appealed from a Supreme Court order partly denying plaintiff's motion to compel certain discovery responses. Plaintiff challenged the supreme court's ruling regarding 37 of 56 discovery requests in the medical malpractice action seeking damages for injuries allegedly sustained by the infant plaintiff during his birth. The unanimous panel concluded the court erred in denying plaintiff's motion regarding eight items, but otherwise properly denied the motion. Thus, it modified the order, and remitted the matter to the supreme court for a hearing on certain materials sought. The panel found certain items sought, including discovery of certain national standards published by organisations for fetal monitoring and pediatric advancement of life support, were material and necessary to the prosecution of plaintiff's claims of alleged negligence in permitting and engaging in improper neonatal resuscitation. Hence, it ruled the supreme court abused its discretion in denying plaintiff's motion. The panel stated the fact such documents may be available in public records did not preclude production of them from a party. Also, it noted defendants conceded there was some doubt whether the documents plaintiff sought were available to the public.
