Kuney v. Benjamin Franklin Clinic

751 A.2d 662, 2000 Pa. Super. 129, 2000 Pa. Super. LEXIS 607
CourtSuperior Court of Pennsylvania
DecidedApril 25, 2000
StatusPublished
Cited by55 cases

This text of 751 A.2d 662 (Kuney v. Benjamin Franklin Clinic) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kuney v. Benjamin Franklin Clinic, 751 A.2d 662, 2000 Pa. Super. 129, 2000 Pa. Super. LEXIS 607 (Pa. Ct. App. 2000).

Opinion

TAMILIA, J.

¶ 1 Appellant, George Kuney, appeals the August 4, 1999 Order granting summary judgment in favor of appellee, Steven Silber, M.D. Appellant argues the trial court erred in limiting his right to obtain the deposition testimony of Dr. Silber and, thus, precluded him from obtaining the discovery he argues is necessary to proceed with the case.

¶ 2 The underlying incident in this medical malpractice action involves appellant’s ex-wife, who received treatment from ap-pellee during her marriage to appellant. After her treatment began in April 1995, appellant’s wife became addicted to the various medications prescribed by appel-lee. Thereafter, in September 1995, appellant’s wife left him and their children and, on May 22, 1996, they were divorced. Appellant instituted an action against appel-lee, alleging loss of consortium, intentional interference with economic relations and negligence. 1 Appellee’s motion for summary judgment was granted and this timely appeal followed.

¶ 3 On appeal, appellant presents one question for our review, “Did the lower court err in limiting the rights of [appellant] to obtain deposition testimony of [ap-pellee] Dr. Silber and thereby preclude [appellant] from going forward on the case?” (Appellant’s Brief at 2.)

Summary judgment is proper when the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. A material fact is one that directly affects the outcome of the case. Our scope of review of a trial court Order granting summary judgment is plenary. ... In reviewing the order, we must examine the record in the light most favorable to the adverse party and determine whether the moving party has established that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. We •will overturn a lower court’s entry of summary judgment only if there has been an error of law or a clear abuse of discretion.

Stevens Painton Corp. v. First State Ins. Co., 746 A.2d 649, 653, 2000 Pa.Super. LEXIS 193, **9-10 (Pa.Super.2000).

¶ 4 Appellant contends the deposition testimony of appellee was not protected by the physician-patient privilege because the proposed testimony did not tend to blacken the character of his ex-wife. In addition, he claims the privilege does not apply because his wife is a plaintiff in this action. 2 Appellee argues that, because the requested information pertained to the psychiatric treatment of appellant’s ex-wife, who is an involuntary plaintiff to the case and has not consented to any discus *665 sion of her medical treatment, he was required to abide by the statutory physician-patient privilege. The physician-patient privilege provides:

No physician shall be allowed, in any civil matter, to disclose any information which he acquired in attending the patient in a professional capacity, and which was necessary to enable him to act in that capacity, which shall tend to blacken the character of the patient, without consent of said patient, except in civil matters brought by such patient, for damages on account of personal injuries.

42 Pa.C.S.A. § 5929, Physicians not to disclose information. “The statute was designed to create a confidential atmosphere in which a patient will feel free to disclose all possible information which may be useful in rendering appropriate treatment.” Miller Oral Surgery, Inc. v. Dinello, 416 Pa.Super. 310, 611 A.2d 232, 235 (1992).

¶ 5 In this case, appellant’s complaint alleges “[a]s a result of the drugs given to [appellant’s ex-wife] and/or prescribed for her by [appellee], [she] became addicted and/or dependant upon said drugs so as to emotionally and/or psychiatrically become dysfunctional and engage in bizarre, uncivil and harmful behavior” (Complaint, 12/15/97, ¶ 7 at 3). Appellant identified the prescribed medications as “Seldane, [Z]oloft, Serevent, Nasaeort, Azmacort, Flexeril, Propulsi[d], Zantac and Ionamin” (id., ¶ 6 at 2-3). Furthermore, he claimed “[a]s a result of the foregoing dispensing of medications and/or drugs, all of which was done in a negligent and/or reckless manner, the involuntary plaintiff ... has sustained injury in that her mental process and emotional well-being have been diminished, damaged and/or compromised...” (id., ¶ 17 at 4). During discovery, appellee refused to answer questions regarding his treatment of appellant’s ex-wife after counsel advised him of his duty to protect the confidences of his patient. Appellant’s motion to compel appellee to answer the questions was denied by the court on April 22, 1999. Thereafter, appellant was unable to obtain an expert report analyzing and rendering an opinion on appellee’s care and treatment of his ex-wife. As a result, the trial court found appellant was unable to prove appellee’s conduct fell below the accepted standard of care and granted summary judgment in favor of appellee. See Trial Court Opinion, Lach-man, J., 8/4/99, at 2.

¶ 6 In light of the record, it is clear the requested deposition testimony involves information obtained from appellant’s ex-wife, which tends to blacken her character, and, thus, is protected by the physician-patient privilege. Appellant’s cause of action focuses on the physical, mental and emotional condition of his ex-wife, who, according to his complaint, engaged in bizarre and harmful behavior. In addition, if appellee were forced to divulge the nature of his care of appellant’s ex-wife, the deposition testimony surely would involve intimate information gathered from her during the course of her treatment. See In re June 1979 Allegheny County Investigating Grand Jury, 490 Pa. 143, 415 A.2d 73 (1980) (privilege is limited to information which would offend its rationale, i.e., information directly related to patient’s communication to physician).

¶ 7 Appellant’s reliance on Commonwealth ex rel. Platt v. Platt, 266 Pa.Super. 276, 404 A.2d 410 (1979), for the proposition that testimony relating to psychiatric treatment does not tend to blacken one’s character, is misplaced. In Platt, this Court had to determine whether testimony of a treating psychiatrist in an involuntary commitment proceeding violated the physician-patient privilege. We stated, “[s]ince psychiatric treatment does not evidence the existence of a loathsome disease, evidence of such treatment could not blacken the reputation of one who has sought it for only evidence of such a disease would tend to blacken a person’s reputation.” Id. at 415, citing In re “B”, 482 Pa. 471, 394 A.2d 419 (1978). Furthermore, we found the *666

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Bluebook (online)
751 A.2d 662, 2000 Pa. Super. 129, 2000 Pa. Super. LEXIS 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuney-v-benjamin-franklin-clinic-pasuperct-2000.