27 Kasım 2012 Salı

Releasing medical records

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Releasing medical records
The Port Authority of New York and New Jersey filed a motionto mandate that the plaintiff authorize the release of all of his medicalrecords preceding the accident in which he alleged he was injured.
Supreme Court directed that the plaintiff provideauthorizations to release his medical records but limited the release of hismedical records to the five years preceding the accident.
The Appellate Division affirmed the lower court’s order,holding that the Authority “failed to demonstrate that all plaintiff'spre-accident medical records were material and necessary in the defense of thisaction,” explaining that the plaintiff did not allege that the accident “aggravatedor exacerbated a preexisting injury or condition.”
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_07898.htm

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