Peterson v. Geneva B. Scruggs Community Health Center, Inc.

214 A.D.2d 980, 626 N.Y.S.2d 712, 1995 N.Y. App. Div. LEXIS 6716

Opinion

Order unanimously reversed on the law without costs, motion denied and cross motion granted. Memorandum: Supreme Court erred in granting plaintiffs’ motion to compel disclosure of the medical records of a non-party developmentally disabled person in defendant’s custody and in denying defendant’s cross motion for a protective order. Defendant validly asserted the physician-patient privilege in response to the discovery demand, and plaintiffs failed to establish that the patient or anyone with authority to act on her behalf had waived it (see, Dillenbeck v Hess, 73 NY2d 278, 289-290; Schenk v Devall, 205 AD2d 900; Schnobrich v Schnobrich, 198 AD2d 850). (Appeal from Order of Supreme Court, Erie County, Notaro, J.—Discovery.) Present—Pine, J. P., Lawton, Wesley, Callahan and Davis, JJ.