A medical malpractice plaintiff, who claims her doctor was suffering from a physical condition that caused him to botch her face-lift, may not compel the doctor to disclose his medical records, a New York judge has ruled. The defendant doctor's medical files remain privileged, unless he has taken some affirmative step to put his medical condition in issue, the judge ruled, rejecting the plaintiff's argument that only communicative portions of the records were protected by the physician-client privilege.
June 21, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A medical malpractice plaintiff, who claims her doctor was suffering from a physical condition that caused him to botch her face-lift, may not compel the doctor to disclose his medical records, a New York judge has ruled.
The defendant doctor’s medical records remain privileged, unless he has taken some affirmative step to put his medical condition in issue, Manhattan Supreme Court Justice Eileen Bransten ruled in Brower v. Beraka, 109514/03.
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