Credit: Tero Vesalainen/Shutterstock Restrictions on the Scope of Medical Disclosure
It is clear that there are issues which may arise with respect to the scope of the waiver of the physician-patient privilege in personal injury and medical malpractice actions which require scrutiny when pertinent pleadings are prepared.
January 30, 2023 at 11:00 AM
13 minute read
Litigation
In bringing a personal injury or medical malpractice action, a plaintiff must disclose medical records which are "material and relevant" to the injuries placed at issue. The Court of Appeals has established that "by bringing or defending a personal injury action in which mental or physical condition is affirmatively put in issue, a party waives the doctor-patient privilege." Koump v. Smith, 25 N.Y.2d 287(1969), Dillenbeck v. Hess, 73 N.Y.2d 278 (1989).
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