Carboni v. New York Medical College
| Decision Date | 22 January 2002 |
| Parties | SUSAN CARBONI, Respondent-Appellant,<BR>v.<BR>NEW YORK MEDICAL COLLEGE et al., Defendants, and RAMAMOHANA R. KANCHERLA et al., Appellants-Respondents. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the plaintiff is awarded one bill of costs.
It is well settled that a party waives the physician-patient privilege by affirmatively placing his or her physical or mental condition in issue (see, Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 NY2d 452, 456-457; Prink v Rockefeller Ctr., 48 NY2d 309; Koump v Smith, 25 NY2d 287; Zimmer v Cathedral School of St. Mary & St. Paul, 204 AD2d 538, 539). However, a party does not waive the privilege with respect to unrelated illnesses or treatments (see, Sadicario v Stylebuilt Accessories, 250 AD2d 830; Zappi v Pedigree Ski Shop, 244 AD2d 331). In the instant case, since the plaintiff withdrew claims based on the decedent's psychiatric and psychological injuries, the Supreme Court properly determined that the decedent's psychiatric and psychological records were not subject to disclosure (see, Kohn v Fisch, 262 AD2d 535; Strong v Brookhaven Mem. Hosp. Med. Ctr., 240 AD2d 726).
However, the Supreme Court also should have granted the plaintiff a protective order denying the defendants' requests for collateral source information as the plaintiff has not sought to recover the costs of any medical care, custodial care, or rehabilitation services, loss of earnings or other economic loss (see, CPLR 4545 [a]).
To continue reading
Request your trial
-
Tucker v Budget Rent A Car System, Inc., 2007 NY Slip Op 33301(U) (N.Y. Sup. Ct. 10/1/2007)
...2007). "However, a party does not waive the privilege with respect to unrelated illnesses or treatments []." Carboni v. New York Medical College, 290 A.D.2d 473 (2nd Dept. 2002). Here, plaintiff affirmatively placed her medical condition in controversy through allegations of injury and emot......
-
Romance v. Zavala
...of Suffolk, 60 A.D.3d 918, 918, 875 N.Y.S.2d 581;Gill v. Mancino, 8 A.D.3d 340, 341, 777 N.Y.S.2d 712;Carboni v. New York Med. Coll., 290 A.D.2d 473, 473, 736 N.Y.S.2d 250), the defendants were not entitled to any of the other authorizations for the release of the injured plaintiff's medica......
-
Tomei v. Town of Riverhead
...Elec. Co., 33 A.D.3d 840, 824 N.Y.S.2d 316 ; Goldberg v. Fenig, 300 A.D.2d 439, 440, 751 N.Y.S.2d 546 ; Carboni v. New York Med. Coll., 290 A.D.2d 473, 473–474, 736 N.Y.S.2d 250 ; Strong v. Brookhaven Mem. Hosp. Med. Ctr., 240 A.D.2d 726, 659 N.Y.S.2d 104 ).CHAMBERS, J.P., AUSTIN, HINDS–RAD......
-
Salazar v. 521–533 West 57th St. Condo.
...General Elec. Co., 33 A.D.3d 840, 824 N.Y.S.2d 316; Goldberg v. Fenig, 300 A.D.2d 439, 751 N.Y.S.2d 546; Carboni v. New York Med. Coll., 290 A.D.2d 473, 736 N.Y.S.2d 250). Schindler was, however, entitled to disclosure of the records relating to Salazar's treatment for seizures, inasmuch as......