Storage of Records
Fact that hospital did not, at time of order in medical malpractice action for production of records relating to newborn infant's care over a 20-hour period, have those records in its possession, custody, or control did not render a default sanction for failure to produce those records inappropriate, where there no showing that the records, which originated with hospital and were required by law to be maintained and preserved by hospital, were lost due to circumstances beyond its control. Keene v. Brigham and Women's Hospital, Inc. (2002) 775 N.E.2d 725, 56 Mass.App.Ct. 10, review granted, review granted 777 N.E.2d 1263, 438 Mass. 1101, affirmed in part, reversed in part 786 N.E.2d 824, 439 Mass. 223. Pretrial Procedure  435

Default sanction imposed against hospital for its inability, due to negligence, to produce records of care received by minor during 20-hour period shortly after his birth or to identify doctors or nurses involved in that care, was not abuse of discretion in medical malpractice action in which minor alleged that hospital's failure to administer antibiotics sooner than it did caused him to contract neonatal sepsis and meningitis; loss of those records and that information irreparably damaged minor's proof and deprived him of chance to litigate claim against individual caregivers. Keene v. Brigham and Women's Hospital, Inc. (2002) 775 N.E.2d 725, 56 Mass.App.Ct. 10, review granted, review granted 777 N.E.2d 1263, 438 Mass. 1101, affirmed in part, reversed in part 786 N.E.2d 824, 439 Mass. 223. Pretrial Procedure  435