Burnside v. Foot Clinics

OPINION OF THE COURT

Bentley Kassal, J.

issue

In a medical malpractice case, may the plaintiff obtain the report made by her treating physician to the review committee of a defendant hospital if the treating physician, a hospital employee, is not named as a party to the action or, stated differently, does the fact that a hospital is a named defendant mean that the reports of all of the hospital’s employees and/or agents made to the review committee are thereby discoverable?

DISCUSSION

Subdivision 3 of section 6527 of the Education Law prohibits disclosure under CPLR article 31 of the “proceedings…