Cerulli v South Western Sydney Local Health District [2022] NSWSC 210

Cerulli v South Western Sydney Local Health District [2022] NSWSC 210

The defendant had consented to answer the plaintiffs' interrogatories, and the answers must be truthful irrespective of whether the plaintiffs later allege suspicious entries or improper alteration of the medical records. The plaintiffs were entitled to obtain answers before finalising any forensic document expert opinion, and the defendant's asserted forensic disadvantage did not justify delaying answers until after an expert report or further pleading.

Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Medical Negligence Proceedings / Procedural Ruling on Interrogatories
Outcome
The defendant's contentions were rejected and the defendant was ordered to answer the plaintiffs' interrogatories by 11 March 2022.
Legal Topics
['interrogatories' 'medical Records' 'forensic Document Expert Reports' 'allegations Concerning Authenticity of Records']
['medical Negligence' 'civil Procedure'] ['interrogatories' 'medical Records' 'forensic Document Expert Reports' 'allegations Concerning Authenticity of Records']

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Procedural Posture

Medical Negligence Proceedings / Procedural Ruling on Interrogatories

Legal Issues

  1. 1 ["Whether the defendant should be required to answer the plaintiffs' interrogatories before the plaintiffs obtain a forensic document examiner's report concerning the authenticity or integrity of medical records." "Whether the plaintiffs' concerns about the authenticity or integrity of medical records should be particularised, or fraud pleaded, before the defendant is required to answer interrogatories on that issue."]

Ratio Decidendi

The defendant had consented to answer the plaintiffs' interrogatories, and the answers must be truthful irrespective of whether the plaintiffs later allege suspicious entries or improper alteration of the medical records. The plaintiffs were entitled to obtain answers before finalising any forensic document expert opinion, and the defendant's asserted forensic disadvantage did not justify delaying answers until after an expert report or further pleading.

Court Disposition

The defendant's contentions were rejected and the defendant was ordered to answer the plaintiffs' interrogatories by 11 March 2022.

Orders

  • ["Note the defendant on 27 January 2022 consented to respond to the plaintiffs' Notice of Interrogatories dated 13 January 2022." "Defendant to produce answers to the plaintiffs' interrogatories by 11 March 2022." 'Plaintiffs to serve any forensic document expert reports within 7 days of receipt of answers to...