Plaintiff Who Claimed Difficulty Urinating Waived Privilege with Respect to Medical Records of His Kidney Disease; Defense Entitled to Get His Records

Court: Supreme Court, Appellate Division, Second Department, New York.

Case: Romance v. Zavala

Date: Aug. 29, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving the Bronx and Queens; Queens personal injury attorney)

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Facts: Injury plaintiff claimed low back pain and difficulty urinating. The defense wanted an authorization to get his medical records for prior polycystic kidney disease, which was not related to his accident.

Holding: Though entitled to records of this accident victim's prior kidney disease, the defense was not entitled to records of unrelated illnesses and injuries, such as the file of "any attorney" who represented him before the Medical Board of the Fire Department of New York, , his Fire Department employment records, and records from his health insurer.

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