Feness v. St. Joseph Intercommunity Hospital

Appellate Division of the Supreme Court of New York

Feness v. St. Joseph Intercommunity Hospital

152 A.D.2d 965, 544 N.Y.S.2d 761, 1989 N.Y. App. Div. LEXIS 9867

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1989

StatusPublished

Cited by1 cases

This text of 152 A.D.2d 965 (Feness v. St. Joseph Intercommunity Hospital) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Feness v. St. Joseph Intercommunity Hospital, 152 A.D.2d 965, 544 N.Y.S.2d 761, 1989 N.Y. App. Div. LEXIS 9867 (N.Y. Ct. App. 1989).

Pincite

Opinion

Order unanimously reversed on the law with costs, plaintiff’s motion granted, and defendants’ motion denied. Memorandum: In this medical malpractice action for the wrongful death of her husband, plaintiff moved to compel disclosure of statements made by a party defendant at defendant hospital’s review committee meeting investigating decedent’s death. Defendants hospital and Dr. Das cross-moved for a protective order, contending that disclosure of handwritten minutes of medical review committee proceedings is prohibited by Education Law §6527 (3). Special Term erred in denying plaintiff’s motion, and in granting the motion for a protective order. An in camera inspection of notes taken at the review committee is required to determine whether statements by Dr. Bergmann, a defendant, are included, and, if so, such statements are subject to disclosure under the statute and should be furnished to plaintiff (see, De Paolo v Wisoff, 94 AD2d 694; Carroll v St. Luke’s Hosp., 91 AD2d 674; see also, Lilly v Turecki, 112 AD2d 788). (Appeal from order of Supreme Court, Erie County, Wolf, J. — discovery.) Present — Dillon, P. J., Callahan, Denman, Green and Pine, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously reversed on the law with costs, plaintiff’s motion granted, and defendants’ motion denied. Memorandum: In this medical malpractice action for the wrongful death of her husband, plaintiff moved to compel disclosure of statements made by a party defendant at defendant hospital’s review committee meeting investigating decedent’s death. Defendants hospital and Dr. Das cross-moved for a protective order, contending that disclosure of handwritten minutes of medical review committee proceedings is prohibited by Education Law §6527 (3). Special Term erred in denying plaintiff’s motion, and in granting the motion for a protective order. An in camera inspection of notes taken at the review committee is required to determine whether statements by Dr. Bergmann, a defendant, are included, and, if so, such statements are subject to disclosure under the statute and should be furnished to plaintiff (see, De Paolo v Wisoff, 94 AD2d 694; Carroll v St. Luke’s Hosp., 91 AD2d 674; see also, Lilly v Turecki, 112 AD2d 788). (Appeal from order of Supreme Court, Erie County, Wolf, J. — discovery.) Present — Dillon, P. J., Callahan, Denman, Green and Pine, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

152 A.D.2d 965, 544 N.Y.S.2d 761, 1989 N.Y. App. Div. LEXIS 9867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/feness-v-st-joseph-intercommunity-hospital-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack