Resources Appellate Decisions next previous
November 27, 2007 Arons v. Jutkowitz Court of Appeals
Guiding Principle:
Physicians may informally meet with and grant private interviews to defense attorneys who are defending another physician in a medical malpractice case, provided that the defense attorney provides the physician with a HIPAA-compliant authorization signed by the patient allowing the meeting to take place.

Summary of Facts:
This appeal actually involved three separate cases. In each case, the plaintiff-patient had brought a medical malpractice action against a physician. The attorneys defending the physicians sought to privately meet with and interview the patients' treating physicians, rather than attempting to take their formal depositions.

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January 23, 2007 Olexa v. Jacobs Appellate Division Second Department
Guiding Principle:
The defendant radiologist was entitled to obtain possession of the original mammograms, which were in plaintiff's custody, for a limited time so that defendant expert could review them. If defendant radiologist failed to return the original films the court would consider at that time the appropriate sanction for spoliation (the negligent or intentional loss or destruction of crucial evidence).

Summary of Facts:
Plaintiff Emilia Olexa brought a medical malpractice action to recover damages against defendants Betsy Jacobs and Advanced Radiological Imaging, P.C. Plaintiff was in possession of the original mammograms and resisted providing defendants access to them without a court order.

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March 18, 2008 Germaine v. Yu,et al. Appellate Division Second Department
Guiding Principle:
An attending physician is not responsible for any medical malpractice that may occur in the treatment of a hospital patient after the attending physician transfers the responsibility of the patient's care to another attending physician and leaves the hospital.

Summary of Facts:
Plaintiff Florence Germaine brought a medical malpractice action to recover damages against a resident physician and an attending physician, Dr. S., both of whom treated the plaintiff at the emergency room of Stony Brook Hospital.

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