Arons v. Jutkowitz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Adams, J.P.
The appeal in this action to recover damages for medical malpractice and wrongful death, etc., presents an issue of first impression regarding the interplay of the federal Health Insurance Portability and Accountability Act of 1996 (42 USC § 1320d et seq. [hereinafter HIPAA]) and the defense bar’s informal practice of privately interviewing plaintiffs’ nonparty treating physicians after a note of issue has been filed. For the reasons *96stated below, we hold that the Supreme Court erred in granting the defendants’ motion to direct the plaintiffs to execute…
2Cases cited22 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Dillenbeck v. HessNew York Court of Appeals · 1989
- Northwestern Memorial Hospital v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
- Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
- Anker v. BrodnitzNew York Supreme Court · 1979
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3Cited by12 opinions
- Arons v. JutkowitzNew York Court of Appeals · 2007
- Straub v. YalamanchiliAppellate Division of the Supreme Court of the State of New York · 2009
- Kish v. GrahamAppellate Division of the Supreme Court of the State of New York · 2007
- Porcelli v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2009
- In re Antonia E.New York City Family Court · 2007
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