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 physical or mental condition in issue. However, a party does not waive the physician-patient privilege with respect to unrelated illnesses or injuries. Here, the plaintiff does not advance broad allegations of physical injury or mental anguish, does not claim exacerbation of preexisting medical conditions in his shoulder or knees, and has expressly disavowed any claim for loss of enjoyment of life, mental anguish, future earnings, or diminished wage capacity. Instead, the plaintiff's allegations and claim for damages are limited to specific injuries to his left elbow and the residual physical effects of that particular injury. Accordingly, the plaintiff has not placed in controversy either his entire medical condition or the prior injuries and medical treatment of his shoulder and knees. The Supreme Court providently exercised its discretion in denying the defendants' motion to compel.
Froehlich v. Kimco Realty Corp., NY Slip Op 04294 (2d Dep't July 6, 2022)
