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This opinion is uncorrected and subject to revision before publication in the New York Reports.
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2 No. 147
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Since a personal injury plaintiff affirmatively puts his or her medical condition in issue, defense counsel may informally interview a plaintiff's treating physician at any time, and a plaintiff can't prevent such an interview by refusing to sign a HIPAA authorization form, a divided New York State Court of Appeals recently held in Arons v. Jutkowitz, 2007 NY Slip Op. 09309 (Nov. 27).
The decision overturned a divided Fourth Department in Kish v. Graham, 40 A.D.3d 118, 833 N.Y.S.2d 313 (Fourth Dept. 2007).
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...(76) . Arons v. Jutkowitz presented the issue of "whether an at...
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... "required by law" (45 CFR 164.512 [a]; see Arons v Jutkowitz, 9 NY3d 393, 414 [2007]), and included...
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CASE ON POINT: Arons v. Jutkowitz, No. 2005-06762 (N.Y. App.Div. 12/05/...
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...Div. 4th Dep't 2007), rev'd sub nom. Arons v. Jutkowitz, 9 N.Y.3d 393, 880 N.E.2d 831, 850 N....
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An attorney may privately interview an adverse party's treating physician when that party affirmatively places his or her medical condition in controversy, New York's highest court has ruled.
The plaintiff was a widower who claimed several doctors' malpractice caused his wife's death. He alleged the defendants' failure to inform him that MRI results showed hydrocephalus delayed proper medical care and eventually led to his wife's death. But he refused to sign HIPAA-compliant authorizations permitting a defense attorney to interview his late wife's treating physician, who wasn't a party to the lawsuit.
...Arons v. Jutkowitz (Lawyers USA No. 9938822) New York Co...
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A list of appeals with short title, jurisdictional predicate, subject matter and key issues is prepared each week.
Some of these filed appeals may never reach decision on the merits because of dismissal on motion, sua sponte, time deficiencies or because of stipulated withdrawals by the parties. Also, some counsel fail to file timely preliminary appeal statements, therefore the list should not be treated as comprehensive for any particular week.
...Arons, &c. v. Jutkowitz, et al.: Second Dept. App. Div. ...