A New York court ruled to allow a woman conduct her deposition for a medical malpractice case via teleconference, as reported by The New York Law Journal published December 11, 2012.
The woman brought a medical malpractice suit against New York Downtown Hospital on claims that their gynecological standards were unacceptable, causing her ongoing pain, scarring, and permanently comprising function. After filing the suit the woman moved to Seoul, Korea where she now permanently resides.
Upon her departure to Korea the woman petitioned the court seeking permission to conduct her testimony through the use of teleconference. The woman argued that she was unable to return to the United States due to a financial hardship. She further stated that she had her own medical care physician who was willing and able to conduct a physical for the suit.
The court ruled that hardship was of the womanâ€™s own making but allowed for her to conduct the deposition through the use of teleconference. The court noted that it was becoming more common for this to occur and it would not cause prejudice to either side. However, the court ruled that under New York Law the opposing side was allowed to have their own physical conduct the physical exam. Based on this standard the opposing side would select and send a physician to Seoul but the woman would be responsible for the cost.
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