Practice point: A party must provide proper authorizations for the release of medical records when that party has waived the physician-patient privilege by putting his or her physical or mental condition in issue.
Practitioners should note that a plaintiff puts his or her medical condition in issue by alleging physical injury or mental anguish in the bill of particulars.
Case: Abdalla v. Mazl Taxi, Inc., NY Slip Op 07566 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
