Legal Opinion
Shankman v. Axelrod
New York Court of Appeals
Decided February 23, 1989PublishedCited by 12 opinions
1Opinion of the Court
OPINION OF THE COURT
Titone, J.
The issue in this appeal is whether the Office of Professional Medical Conduct (OPMC), an investigative branch of the State Department of Health (DOH), has implied power to obtain an ex parte “inspection” warrant for the sole purpose of seizing a physician’s patient records during a targeted investigation of professional misconduct. We conclude that such implied power does not exist under the current statutory scheme.
Early in 1985, OPMC received a patient complaint of alleged professional misconduct on the part of petitioner, an orthopedic surgeon. As required by…
2Cases cited5 opinions
- Finger Lakes Racing Ass'n v. New York State Racing & Wagering BoardNew York Court of Appeals · 1978
- City of New York v. State of New York Commission on Cable TelevisionNew York Court of Appeals · 1979
- Levin v. MurawskiNew York Court of Appeals · 1983
- MATTER OF MEM'L HOSP. v. AxelrodNew York Court of Appeals · 1986
- Wolfson v. Nassau County Medical CenterAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by12 opinions
- Gerdts v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- People v. DoeNew York Supreme Court · 1996
- Michaelis, M.D. v. GrazianoNew York Court of Appeals · 2005
- Anonymous v. State Department of HealthAppellate Division of the Supreme Court of the State of New York · 1991
- Claim of Vore v. Allied Bendix Corp.Appellate Division of the Supreme Court of the State of New York · 1994
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