Scalone v. Phelps Memorial Hospital Center
Appellate Division of the Supreme Court of the State of New York
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
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- Koump v. SmithNew York Court of Appeals · 1969
- Dillenbeck v. HessNew York Court of Appeals · 1989
- Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
- Gonzalez v. New York City Housing AuthorityNew York Court of Appeals · 1991
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