KINGSTON, N.Y. – Is a New York State Department of Health report regarding a hospital’s treatment of a patient admissible in a medical malpractice action?
Judges have reached different conclusions on that question, but in one recent decision an upstate jurist issued a split-the-baby ruling. Supreme Court Justice E. Michael Kavanagh of Kingston decided in Cramer v. Benedictine Hospital, 97-1166, that the objective, factual portions of the report are admissible, but the subjective conclusions are not.
