(Download) "Donald R. Dillenbeck v. Sherry L. Hess Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free
eBook details
- Title: Donald R. Dillenbeck v. Sherry L. Hess Et Al.
- Author : Court of Appeals of New York
- Release Date : January 23, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
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[73 N.Y.2d 278 Page 280] Opinion OF THE COURT In Koump v Smith (25 N.Y.2d 287), we noted that a litigant does not waive the physician-patient privilege merely by defending a personal injury action in which his or her mental or physical condition is in controversy unless, in so defending, the litigant "affirmatively asserts the condition either by way of counterclaim or to excuse the conduct complained of by the plaintiff" (id., at 294). Today, we hold that where a party defending a personal injury action validly asserts the privilege and has not affirmatively placed his or her medical condition in issue, the plaintiff may not effect a waiver of the privilege merely by introducing evidence demonstrating that the defendant's [73 N.Y.2d 278 Page 281]