Swartzenberg v. Trivedi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boehm, J.
The question in this case is whether a letter written by a physician to a medical quality assurance review committee is immune from disclosure pursuant to Education Law § 6527 (3).
I
On April 23, 1989, plaintiff’s decedent, Brian F. Swartzenberg, was involved in an automobile accident. He was taken to the emergency room at Mount St. Mary’s Hospital (Hospital), where defendant Jagdish Trivedi was the on-call trauma surgeon. It is alleged that Trivedi failed to respond to requests from Hospital employees that he report to the emergency room to treat Swartzenberg and…
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