Legal Opinion · Dissent

Williams v. Hospital

Appellate Division of the Supreme Court of the State of New York

Decided April 16, 1985Published

1DissentCarro, J.

Under constraint of our most recent

decision on the instant subject, Mullarkey v Misericordia Hosp. Med. Center (104 AD2d 1064), and the Court of Appeals decision of Matter of Grand Jury Investigation of Onondaga County (59 NY2d 130, 135-136) which unequivocally states that exceptions to the physician-patient privilege are for the Legislature to enact, I would affirm the order below and, accordingly, dissent.

Plaintiffs, Rashan Williams, an infant, and his father, as natural guardian, brought this action for damages allegedly resulting from the obstetrical mismanagement of the labor and…

2Cases cited18 opinions

  1. Koump v. SmithNew York Court of Appeals · 1969
  2. Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
  3. Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
  4. Hughson v. St. Francis HospitalAppellate Division of the Supreme Court of the State of New York · 1983
  5. Klein v. Prudential Insurance of AmericaNew York Court of Appeals · 1917

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