2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
4504 - Physician, dentist, podiatrist, chiropractor and nurse.


NY CPLR § 4504 (2012) What's This?
 
    §  4504.  Physician,  dentist, podiatrist, chiropractor and nurse. (a)
  Confidential information  privileged.  Unless  the  patient  waives  the
  privilege,   a   person  authorized  to  practice  medicine,  registered
  professional nursing, licensed practical nursing, dentistry, podiatry or
  chiropractic shall not be allowed to disclose any information  which  he
  acquired  in  attending  a patient in a professional capacity, and which
  was necessary to enable him to act in that capacity. The relationship of
  a physician and patient shall exist between a  medical  corporation,  as
  defined  in  article forty-four of the public health law, a professional
  service corporation organized under  article  fifteen  of  the  business
  corporation  law  to  practice  medicine,  a university faculty practice
  corporation organized under  section  fourteen  hundred  twelve  of  the
  not-for-profit  corporation  law  to practice medicine or dentistry, and
  the patients to  whom  they  respectively  render  professional  medical
  services.
    A  patient  who,  for  the  purpose  of  obtaining insurance benefits,
  authorizes the disclosure of any such privileged  communication  to  any
  person  shall not be deemed to have waived the privilege created by this
  subdivision. For purposes of this subdivision:
    1. "person" shall mean any individual, insurer or agent thereof,  peer
  review  committee, public or private corporation, political subdivision,
  government agency, department or  bureau  of  the  state,  municipality,
  industry,  co-partnership, association, firm, trust, estate or any other
  legal entity whatsoever; and
    2. "insurance benefits" shall include payments  under  a  self-insured
  plan.
    (b)  Identification  by dentist; crime committed against patient under
  sixteen. A dentist shall be required to disclose  information  necessary
  for  identification  of  a  patient.  A  physician, dentist, podiatrist,
  chiropractor  or  nurse  shall  be  required  to  disclose   information
  indicating that a patient who is under the age of sixteen years has been
  the victim of a crime.
    (c)  Mental  or physical condition of deceased patient. A physician or
  nurse shall be required to disclose any information as to the mental  or
  physical  condition  of  a deceased patient privileged under subdivision
  (a), except information which would tend to disgrace the memory  of  the
  decedent,  either  in  the  absence  of  an  objection by a party to the
  litigation or when the privilege has been waived:
    1. by the personal representative, or the  surviving  spouse,  or  the
  next of kin of the decedent; or
    2.   in   any   litigation   where   the  interests  of  the  personal
  representative are deemed by the trial judge to be adverse to  those  of
  the estate of the decedent, by any party in interest; or
    3.  if the validity of the will of the decedent is in question, by the
  executor named in the will, or the surviving spouse or  any  heir-at-law
  or any of the next kin or any other party in interest.
    (d)  Proof  of  negligence;  unauthorized practice of medicine. In any
  action for damages for personal injuries or death against a  person  not
  authorized  to  practice medicine under article 131 of the education law
  for any act or acts constituting the practice of medicine, when such act
  or acts were a competent producing proximate or  contributing  cause  of
  such  injuries  or  death,  the fact that such person practiced medicine
  without being so authorized shall be  deemed  prima  facie  evidence  of
  negligence.

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