Legal Opinion

Williams v. Roosevelt Hospital

New York Court of Appeals

Decided December 19, 1985PublishedCited by 68 opinions

1Opinion of the Court

OPINION OF THE COURT

Alexander, J.

A witness at an examination before trial in a medical malpractice action may invoke the physician-patient privilege (CPLR 4504) to avoid revealing the substance of confidential communications made to her physician, but may not refuse to testify as to relevant medical incidents or facts concerning herself or her children. Accordingly, we find no error in the Appellate Division’s decision granting defendants’ motion for further examination of the nonparty witness.

The infant plaintiff, Rashan Williams, was born on March 17, 1979, and, the complaint alleges,…

2Cases cited12 opinions

  1. Upjohn Co. v. United StatesSupreme Court of the United States · 1981
  2. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  3. Koump v. SmithNew York Court of Appeals · 1969
  4. CITY OF PHILADELPHIA, PENNSYLVANIA v. Westinghouse Electric CorporationDistrict Court, E.D. Pennsylvania · 1962
  5. Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876

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3Cited by68 opinions

  1. Dillenbeck v. HessNew York Court of Appeals · 1989
  2. Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
  3. New York City Health & Hospitals Corp. v. MorgenthauNew York Court of Appeals · 2002
  4. Monica W. v. MilevoiAppellate Division of the Supreme Court of the State of New York · 1999
  5. Kivlehan v. WaltnerAppellate Division of the Supreme Court of the State of New York · 2007

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