Herman v. Intracoastal Cardiology Center, 4D11-1214 (Fla. 4th DCA 2013):
Mr. Herman appealed a final order dismissing his wrongful death medical malpractice lawsuit for fraud on the court. The lawsuit started when Mrs. Herman filed a medical malpractice lawsuit against her cardiologist. After her death, Mr. Herman was appointed as a personal representative of her estate and the case converted to a wrongful death suit.
During discovery, the Defendants propounded requests for production which asked for any notes or diaries maintained by Mr. or Mrs. Herman that pertained to the issues raised in the lawsuit. Mr. Herman kept a diary chronicling his wife’s medical condition, but never disclosed the diary to the defense.