Legal Opinion
Hyman v. Jewish Chronic Disease Hospital
New York Court of Appeals
Decided March 18, 1965PublishedCited by 20 opinions
1Opinion of the Court
Chief Judge Desmond.
Special Term was correct in its holding that petitioner, being a director of a hospital corporation, is entitled as matter of law to an inspection of the records of the hospital to investigate into the facts as to alleged illegal and improper experimentation on patients (Matter of Cohen v. Cocoline Prods., 309 N. Y. 119; Matter of Martin v. Martin Foundation, 32 Misc 2d 873).
It is argued that the data as to such experiments on patients is privileged (CPLR 4504[a]) and that the patients have not waived the privilege. Any such confidentiality could be amply protected by…
2Cases cited2 opinions
- MATTER OF COHEN v. Cocoline Prods.New York Court of Appeals · 1955
- Martin v. Martin Foundation, Inc.New York Supreme Court · 1962
3Cited by20 opinions
- Grimes v. Kennedy Krieger Institute, Inc.Court of Appeals of Maryland · 2001
- Community Hospital Ass'n v. DIST. CT., ETC.Supreme Court of Colorado · 1977
- Glassman v. St. Joseph HospitalAppellate Court of Illinois · 1994
- Ziegler v. Super. Ct. in and for Cty. of PimaCourt of Appeals of Arizona · 1982
- Otis Clay v. Doctor William R. Martin and the United States Surgeon General and the United StatesCourt of Appeals for the Second Circuit · 1975
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