Garland v. City of New York

Summary

The Appellate Division, Second Department, affirmed an order denying the plaintiff's motion to vacate a discovery provision requiring authorizations for medical records from five years before the accident through the present. The court held that the plaintiff placed her entire medical condition in controversy through broad allegations of physical injuries, exacerbation of preexisting conditions, and loss of enjoyment of life, and that the five-year limitation was proper.

Holdings

1. A plaintiff in a personal-injury action waives the physician-patient privilege when the plaintiff affirmatively places a physical or mental condition in controversy; Garland did so by making broad allegations concerning physical injuries, exacerbation of preexisting medical conditions, and loss of enjoyment of life.
2. The Supreme Court providently exercised its discretion by limiting access to Garland's past medical records to the five-year period preceding the accident through the present.

Questions Presented

1. Whether Garland waived the physician-patient privilege by affirmatively placing her entire medical condition in controversy through broad allegations of physical injury, exacerbation of preexisting conditions, and loss of enjoyment of life.
2. Whether the Supreme Court providently exercised its discretion by limiting discovery of Garland's past medical records to the five-year period preceding the accident through the present.

Disposition

affirmed