Justice Robert Muller

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Decedent Bovee was seen and evaluated at the ER of defendant Champlain Valley Physicians Hospital Medical Center (CVPH) for severe abdominal pain. Results indicated, among other things, “inferior infarct,” but were never reported to him. Bovee returned to the ER 5 months later with shortness of breath, among other things, and another EKG revealed 100% occlusion of right and left arteries. He was sent for cardiac catheterization but died in the lab. Wife Lisa met with CVPH's Director of Risk Management, Stewart, to discuss concerns about Bovee not receiving appropriate care. Stewart contacted the medical director to commence a quality assurance review, and Lisa later commenced this medical malpractice suit. Defendants moved for a protective order barring plaintiffs from deposing Stewart or obtaining contents of her file–among other things. The court found defendants had established a review procedure and Stewart's file was prepared in accordance with same–thus, falling within the materials made confidential under Education Law §6527(3) and Public Health Law §2805-m. Hence, a protective order barring plaintiffs from deposing Stewart and from obtaining the contents of her file was granted.