Generally, by bringing a personal injury lawsuit a plaintiff waives the physician-patient privilege, but only with respect to medical records relevant to the injuries for which compensation is sought.
This point is illustrated by the decision today in Kenneh v. Jey Livery Serv., 2015 NY Slip Op 06993 (App. Div. 1st Dept. Sept. 29, 2015), in which the Appellate Division, First Department unanimously affirmed the denial of defendants’ motion to compel plaintiff to “provide HIPAA-compliant authorizations for production of medical records relating to his preexisting diabetic condition.”
Citing CPLR 3121[a], CPLR 4504[a], and pertinent case law, the court explained:
By bringing this action to recover damages for serious injuries allegedly suffered to his right knee, shoulders and spine as the result of a motor vehicle accident, plaintiff waived the physician-patient privilege as to all medical records pertinent to those conditions. The motion court providently exercised its discretion in determining that plaintiff did not place his diabetic condition in issue by asserting those serious injury claims, or by alleging that he continued to suffer anxiety and other symptoms following the accident. (Emphasis added.)