September 14, 2012

Discovery demand for medical records.



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.