Practice point: A party must
provide duly executed and acknowledged written authorizations for the release
of pertinent medical records when that party has waived the physician-patient
privilege by affirmatively putting his or her physical or mental condition in
issue.
Student note: However, a party does not waive the physician-patient
privilege with respect to unrelated illnesses or injuries.
Case:
Romance v. Zavala, NY
Slip Op 06067 (2d Dept. 2012).
Here is the decision.
Monday’s issue: Adverse possession.