Legal Opinion
Keshecki v. St. Vincent's Medical Center
New York Supreme Court
Decided September 24, 2004PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph J. Maltese, J.
The defendants are precluded from introducing opinion testimony from two of the plaintiffs treating doctors in this medical malpractice action because of an unauthorized interview of those physicians by the defendants’ counsel. This remedy is being used to stop attorneys from approaching the plaintiffs treating doctors in violation of the patient’s qualified rights of privacy that are guaranteed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Facts
On September 6, 2002, the plaintiff signed an authorization permitting Richmond…
2Cases cited4 opinions
- Koump v. SmithNew York Court of Appeals · 1969
- Anker v. BrodnitzNew York Supreme Court · 1979
- Levande v. DinesAppellate Division of the Supreme Court of the State of New York · 1989
- Smith v. American Home Prod. Corp.New Jersey Superior Court Appellate Division · 2003
3Cited by7 opinions
- Bayne v. ProvostDistrict Court, N.D. New York · 2005
- Arons v. JutkowitzAppellate Division of the Supreme Court of the State of New York · 2006
- United States v. ElliottDistrict Court, D. Maryland · 2009
- Browne v. HorbarNew York Supreme Court · 2004
- Steele v. Clifton Springs Hospital and ClinicNew York Supreme Court · 2005
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