Mackey v. Holy Family Hospital

In this action for alleged malpractice defendant Pirudini moves for an order vacating plaintiff’s demand for a copy of the report by defendant’s examining physician.

Defendant, in his moving papers, asserts that the exchange of medical information is not provided for in malpractice cases (Special Rules of the Appellate Division, Second Department, part IV).

CPLR 3121 (subd. [b]), encompassing many more actions than did former section 306 of the Civil Practice Act, provides for the exchange of a “ detailed written report of the examining physician setting out his findings and conclusions ”. (See…