Brewer v. Jamaica Hospital

• Decision Date: 03 January 1980
• Citation: 73 A.D.2d 851,423 N.Y.S.2d 188
• Parties: Mildred BREWER, as Administratrix, etc., of Cynthia Butler, et al., Plaintiffs-Respondents, v. The JAMAICA HOSPITAL et al., Defendants. The JAMAICA HOSPITAL, Defendant and Third-Party Plaintiff-Appellant, v. The CITY OF NEW YORK et al., Third-Party Defendants. The JAMAICA HOSPITAL, Third-Party Plaintiff, v. Bohdan DOBIAS, M.D., Additional Third-Party Defendant.
• Court: New York Supreme Court — Appellate Division

Page 188

423 N.Y.S.2d 188

73 A.D.2d 851

Mildred BREWER, as Administratrix, etc., of Cynthia Butler, et al., Plaintiffs-Respondents, v. The JAMAICA HOSPITAL et al., Defendants.

The JAMAICA HOSPITAL, Defendant and Third-Party Plaintiff-Appellant, v. The CITY OF NEW YORK et al., Third-Party Defendants.

The JAMAICA HOSPITAL, Third-Party Plaintiff, v. Bohdan DOBIAS, M.D., Additional Third-Party Defendant.

Supreme Court, Appellate Division, First Department.

Jan. 3, 1980.

S. Weinraub, New York City, for plaintiffs-respondents.

J. B. Rosenblum, New York City, for defendant and third-party plaintiff-appellant.

Before KUPFERMAN, J. P., and BIRNS, SILVERMAN, ROSS and LYNCH, JJ.

MEMORANDUM DECISION.

Order of the Supreme Court, New York County, entered March 7, 1979, granting defendant's motion to obtain authorizations from plaintiff to review hospital and clinic records of plaintiff's decedent for the period of two years preceding decedent's death, but denying so much of the motion as sought to obtain doctor's reports concerning the injuries allegedly sustained by the decedent, unanimously modified, on the law and on the facts, and in the exercise of discretion, without costs or disbursements, so as to provide as follows:

Plaintiff is directed to furnish defendant with authorizations to obtain copies of hospital, clinic and doctor's records of treatment to plaintiff's decedent at the hospitals and places specified in the notice and to produce any available doctor's reports relevant to the injuries allegedly sustained by the decedent, and as so modified the order is affirmed.

The notice was given and the motion herein was made by defendant pursuant to CPLR 3121 to obtain authorizations to inspect relevant hospital and doctor's records and for production of any existing doctor's reports. Plaintiff having instituted this malpractice action, has placed in issue the physical condition of the decedent (see Koump v. Smith, 25 N.Y.2d 287, 292, 294, 303 N.Y.S.2d 858, 862, 864, 250 N.E.2d 857, 860, 861; Newman v. G. D. Searle & Co., 50 A.D.2d 902, 377 N.Y.S.2d 553). Accordingly, the hospital records and records and reports of the treating physicians are proper subjects of disclosure (Greuling v. Breakey, 56 A.D.2d 540, 391 N.Y.S.2d 585; Moses v. Woodbury, 54 A.D.2d 961, 389 N.Y.S.2d 20). The request for disclosure need not be limited to the hospital confinement directly involved in this case (Greuling v. Breakey, supra, 56 A.D.2d 541-542, 391 N.Y.S.2d 586-587; ...