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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
Case No. MISSING
Regular Panel Decision

People v. Ackerson

In a felony driving while intoxicated trial, defendant Scott Ackerson moved to preclude the testimony of an emergency medical technician (EMT), Diane Wood, citing the physician-patient privilege under CPLR 4504(a). The court denied the motion, stating that evidentiary privileges, being in derogation of common law, must be strictly construed. The Legislature has not explicitly extended this privilege to EMTs, despite creating other specific privileges. The court found no evidence that the EMT acted as an agent for a physician. The opinion emphasized that an EMT's role is to stabilize patients, distinct from a physician's role of diagnosis and treatment, thus not falling within the purpose of the CPLR 4504 privilege.

PrivilegeEmergency Medical TechnicianEMTPhysician-Patient PrivilegeCPLR 4504Statutory InterpretationEvidentiary PrivilegeFelony DWITestimony PreclusionAgency
References
6
Case No. MISSING
Regular Panel Decision

People v. Easter

This case involves a defendant's motion to dismiss an indictment on grounds of insufficient evidence before the Grand Jury, selective enforcement, and in the interest of justice. The core issue revolves around the admissibility of privileged communications, specifically social worker-client, physician-patient, and husband-wife privileges, presented to the Grand Jury. The defendant is accused of child abuse against his three-month-old son, Jason, who sustained a fractured skull, ribs, and other injuries. The court found that the physician-patient privilege was waived under CPLR 4504(b) due to child abuse. The husband-wife privilege did not apply to Mrs. Easter's testimony as it was not a confidential marital communication. Crucially, the court determined that the child, Jason, was the "client" of the social workers under CPLR 4508(3), thus allowing their testimony regarding the defendant's admissions of harming the child. Consequently, the social workers' testimony was deemed competent and properly considered by the Grand Jury. The court also rejected the argument for Miranda warnings, stating the defendant was not in custody. The motion to dismiss the indictment based on insufficiency of evidence was denied.

Motion to Dismiss IndictmentGrand Jury Evidence SufficiencyPrivileged Communications AdmissibilitySocial Worker-Client Privilege ExceptionChild Abuse ProceedingsPhysician-Patient PrivilegeHusband-Wife Privilege ScopeMiranda RightsCPLR 4508 Child ClientCriminal Procedure Law
References
6
Case No. MISSING
Regular Panel Decision

People v. Gearhart

This case involves a defendant's motion to renew a prior omnibus motion seeking dismissal of an indictment. The defendant argued that a physician's testimony before the Grand Jury violated physician-patient privilege, asserting that Social Services Law §§413 and 415 do not create an exception for child abuse cases in criminal prosecutions. The court, led by Judge Raymond Harrington, reviewed arguments from both the defendant and The People, along with an amicus curiae brief. The court ultimately denied the defendant's renewal motion, adhering to its original decision. It concluded that the Legislature intended to suspend the physician-patient privilege in judicial proceedings concerning child abuse or maltreatment, including criminal prosecutions, to facilitate the protection of children and prosecution of abusers.

Child Abuse Prevention ActPhysician-Patient PrivilegeCriminal IndictmentMotion to DismissGrand Jury EvidenceStatutory InterpretationPublic PolicyDue Process ChallengeChild ProtectionConfidential Communications
References
44
Case No. MISSING
Regular Panel Decision

Doe v. People

This opinion addresses an application filed by an unnamed hospital, referred to as the 'Petitioner,' seeking to quash two Grand Jury subpoenas duces tecum. These subpoenas, issued in August 1982 by the Deputy Attorney-General for Medicaid fraud control, sought patient medical records, including 'progress notes' and 'mechanical ventilation flow sheets.' The hospital argued against disclosure based on patient privacy rights and the physician-patient privilege. The court, presided over by Justice George J. Balbach, denied the application, reaffirming that a hospital under investigation for potential crimes against its patients cannot assert these privileges to obstruct a Grand Jury investigation. The decision emphasized the Grand Jury's broad investigatory powers and the principle that privileges are intended to protect patients, not shield alleged wrongdoers.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegePatient PrivacyMedicaid Fraud ControlHospital RecordsConfidentialityQuash SubpoenaCriminal InvestigationStatutory Interpretation
References
9
Case No. MISSING
Regular Panel Decision

People v. Sergio

The court addresses a defendant's motion to dismiss an indictment for murder, manslaughter, and endangering the welfare of a child. The defendant, Laura Sergio, argued that privileged physician-patient communications were improperly used before the grand jury and that the evidence was legally insufficient. The court, presided over by Joel M. Goldberg, J., ruled that the physician-patient privilege was overcome by exceptions under Social Services Law and the Tarasoff doctrine, allowing disclosure of limited medical information due to public safety concerns. Furthermore, the court found the evidence presented to the grand jury legally sufficient to support the charges, despite possible alternative inferences. Consequently, the defendant's motion to dismiss the indictment was denied in its entirety, and the case will proceed.

Criminal LawIndictmentGrand JuryPhysician-Patient PrivilegeConfidentialityChild AbuseHomicideManslaughterMurderDepraved Indifference
References
43
Case No. ADJ8396609
Regular
Sep 20, 2013

KELLY SNOW vs. HEALTH NET, INC., SEDGWICK CMS

The Appeals Board granted the applicant's Petition for Removal, rescinding prior orders that compelled the release of her psychotherapist's records and quashed subpoenas. The applicant argued these records were privileged psychotherapist-patient communications, and the therapist was not a physician or psychologist, thus their records were not discoverable for QME review. The Board found that while the psychotherapist-patient privilege exists, it is subject to waiver when mental condition is placed in issue by the patient, but this waiver is limited to relevant records. The case was returned to the trial level to determine if Ms. Bradley's records are relevant to the disclosed psychiatric injury or unrelated.

Petition for RemovalPetition to Quash Subpoena Duces TecumPsychotherapist-patient privilegeQualified Medical EvaluatorLabor Code section 3209.3Administrative Director Rule 35Evidence Code section 1010Holder of the privilegeEvidence Code section 1013Evidence Code section 1014
References
3
Case No. 533089
Regular Panel Decision
Oct 07, 2021

Matter of Barden v. General Physicians PC

Claimant, a patient services representative, sought to amend her workers' compensation claim to include left shoulder aggravation after a work-related injury to her right shoulder. The Workers' Compensation Board disallowed this request, finding that claimant failed to provide sufficient credible medical evidence to establish a causal relationship between her employment and the left shoulder condition. The Appellate Division, Third Department, affirmed the Board's decision. The court noted that the claimant's treating physician opined the left shoulder pathology was largely preexisting and unrelated to the work injury, and other medical opinions either lacked sufficient weight or were based on inaccurate information, providing no basis to disturb the Board's finding.

Workers' CompensationShoulder InjuryCausationMedical EvidencePreexisting ConditionAppellate ReviewBoard DecisionClaim AmendmentPatient Services Representative
References
10
Case No. MISSING
Regular Panel Decision

Ellis v. Peter

This case addresses whether a physician owes a duty of care which extends to a patient's spouse who contracts tuberculosis due to the physician's alleged negligent failure to properly diagnose the disease in the patient. The plaintiffs, John and Joan Ellis, sued Dr. Sebastian A. Peter for medical malpractice. The wife, Joan Ellis, alleged negligence for failure to warn her about her husband's infectious condition. The court held that New York State law does not impose a statutory or common-law duty upon a physician for the benefit of those who may contract such a disease from the patient, as a physician's duty is ordinarily owed to the patient, not the community at large. Therefore, the order was reversed, the plaintiffs' motion to strike defenses was denied, and the defendant's cross-motion to dismiss the wife's second and fourth causes of action was granted.

medical malpracticephysician's duty of carenegligencecommunicable diseasetuberculosisforeseeabilitystatutory dutycommon lawpatient spousezone of risk
References
21
Case No. 2022 NY Slip Op 03327 [205 AD3d 548]
Regular Panel Decision
May 19, 2022

Newman v. Mount Sinai Med. Ctr., Inc.

Plaintiff Aja Newman appealed two orders related to discovery in her lawsuit against Mount Sinai for negligent hiring, retention, and supervision, stemming from sexual assaults committed by defendant Dr. David Newman on her and three other patients. The Supreme Court had denied Newman's motions to compel discovery regarding the identities of the other patients and hospital workers, and granted Mount Sinai's cross-motion for a protective order, citing quality assurance and HIPAA privileges. The Appellate Division reversed both orders, ruling that Mount Sinai failed to prove entitlement to the quality assurance privilege for all requested documents and that the doctor-patient privilege does not cover incidents of abuse. The court also clarified that HIPAA regulations allow for disclosure subject to a qualified protective order. The Appellate Division granted Newman's motions, directing Mount Sinai to disclose patient identities under a protective order, provide identities of Newman's coworkers, produce party statements from ordinary business records, and prepare a privilege log for quality assurance materials for in camera review, remanding the matter for further proceedings.

Discovery DisputeNegligent HiringNegligent SupervisionQuality Assurance PrivilegeHIPAADoctor-Patient PrivilegeSexual AssaultPatient ConfidentialityProtective OrderPrivilege Log
References
13
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