A patient who was allegedly injured due to the negligence of a hospital in Massachusetts brought a medical malpractice suit against the hospital. During discovery in the case, the patient and his attorney learned that the hospital had lost the patient's medical records, which contained the only documentation of the critical time period during which the alleged malpractice event occurred.
What is the duty of the hospital to properly maintain the record?
What affect could the lack of the record have on the outcome of this case?
How should the Court handle the loss of the medical record?