Singh v. BSC, LLC

Summary

The New York Appellate Division, Second Department, modified an order denying defendants' motion to compel authorizations for records concerning three prior motor vehicle accidents. The court directed the plaintiff to authorize production of the records to the Supreme Court for in camera inspection to determine whether relevant information should be disclosed, and remitted the matter for that inspection.

Holdings

1. A plaintiff who affirmatively places a physical condition in controversy must provide authorizations for pertinent medical records, but the physician-patient privilege is not waived as to unrelated illnesses or injuries.

Questions Presented

1. Whether the plaintiff waived the physician-patient privilege as to records from three motor vehicle accidents by placing her right knee injuries in controversy.
2. Whether the requested accident records should be produced directly to the defendants or submitted for an in camera inspection to determine their relevance.

Disposition

other