Kish v. Graham

Pine, J. (dissenting).

We respectfully dissent. The complaint in this medical malpractice and wrongful death action alleges that defendants failed to diagnose and treat decedent’s life-threatening condition of perineal necrotizing fasciitis. Following the completion of discovery, defendants’ attorney served a demand for authorizations on plaintiffs attorney, demanding that plaintiff “provide to [defendants’ attorney], prior to the fil*125ing of the note of issue, . . . authorizations [in compliance with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) (42 USC § 1320d…