Practice point: The Appellate Division found that the Supreme Court properly denied the plaintiffs' motion for a
protective order relating to the disclosure of medical records outside
the period of time covered by the pregnancy. at issue in this medical malpractice action. The plaintiff waived her physician-patient privilege, pursuant to CPLR 4504[a], when, without asserting the privilege, she answered certain questions at a hearing conducted pursuant General Municipal Law § 50-h and when she voluntarily provided certain information to medical personnel.
Student note: The privilege does not attach to information constituting mere facts and incidents of a plaintiff's medical history.
Case: Knowles v. Saint Joseph's Med. Ctr., NY Slip Op 00968 (2d Dept. 2014).
Here is the decision.
Monday's issue: An auto accident, summary judgment, and comparative negligence.
