Legal Opinion

Scalone v. Phelps Memorial Hospital Center

Appellate Division of the Supreme Court of the State of New York

Decided December 7, 1992PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Balletta, J.

The major issue raised on this appeal is whether the plaintiff waived her physician-patient privilege with respect to her own medical history simply because she commenced this wrongful death action as the personal representative and distributee of the estate. We hold that she did not.

This action was commenced by the plaintiff, Karen Scalone, in her capacity as administratrix of the estate of the decedent, Glen Scalone, her husband, and individually, to recover damages for wrongful death based on alleged medical malpractice and lack of informed consent. The…

2Cases cited49 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Koump v. SmithNew York Court of Appeals · 1969
  3. Dillenbeck v. HessNew York Court of Appeals · 1989
  4. Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
  5. Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991

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3Cited by33 opinions

  1. Kooper v. KooperAppellate Division of the Supreme Court of the State of New York · 2010
  2. Firmes v. Chase Manhattan Automotive Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  3. Jones v. LeFrance Leasing Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2015
  4. Khoury v. ChouchaniAppellate Division of the Supreme Court of the State of New York · 2006
  5. Nappi v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2006

28 more not listed; retrieve them via the Exa API.

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