Legal Opinion
Kohn v. Fisch
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for medical malpractice, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Rudolph, J.), dated June 30, 1998, as denied that branch of his motion which was to compel production of the injured plaintiffs psychiatric records.
Ordered that the order is affirmed insofar as appealed from, with costs.
It is well settled that a party waives the physician-patient privilege by affirmatively putting his or her physical or mental condition in issue (see, Cynthia B. v New Rochelle Hosp. Med. Ctr.,…
2Cases cited7 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Cynthia B. v. New Rochelle Hospital Medical CenterNew York Court of Appeals · 1983
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- Strong v. Brookhaven Memorial Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1997
- Zimmer v. Cathedral School of St. Mary & St. PaulAppellate Division of the Supreme Court of the State of New York · 1994
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Carboni v. New York Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2002
- Goldberg v. FenigAppellate Division of the Supreme Court of the State of New York · 2002
- Cottrell v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 2000
- McLane v. DamianoAppellate Division of the Supreme Court of the State of New York · 2003