NY Court Says Medical Data Protected In Malpractice Suit

Law360, New York (May 10, 2012, 8:55 PM EDT) -- A New York state appeals court on Thursday refused the Hospital for Special Surgery's request for a former patient's personal medical information, which the hospital claims is vital to determining future damages in her suit over an allegedly botched shoulder surgery.

In appealing a lower court discovery order, the hospital argued that plaintiff Diane Del Terzo should be forced to authorize the release of her HIV-related, alcohol and drug treatment, and mental health information because it was material to her claims for future damages due to...
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