Lewkow v. Gracie Square Hospital

OPINION OF THE COURT

Bentley Kassal, J.

This is a wrongful death action based upon alleged medical malpractice by decedent’s psychiatrist and the hospital wherein he received psychiatric treatment. Shortly after his discharge, he committed suicide. The plaintiff is the widow and legal representative of the decedent. Defendant contends that plaintiff’s psychiatric history and emotional relationship with the decedent are also at issue herein.

ISSUE

Does the commencement of this action by plaintiff, as a distributee and personal representative of the decedent’s estate constitute a waiver of her…