Published December, 2012
Budano v. Gurdon, 97 A.D.3d 497, 948 N.Y.S.2d 612 (2012)
This is a New York Supreme Court, Appellate Division case affirming the lower court's decision to deny the request of the plaintiff's medical records, including substance abuse, mental health, and HIV-related medical information in a routine slip-and-fall civil case. The court also granted the plaintiff's request for a protective order preventing the release of his medical records.
The court stated that the defendant, the owner of the facility where the fall occurred, had failed to prove that the plaintiff's mental and physical conditions were in controversy. Notably, it stated that even if the defendant had established that the plaintiff suffered from substance abuse and mental illness and had HIV, the discovery would not be warranted because the defendant had failed to establish any credible links between these conditions and the slip-and-fall in question.
This decision highlights that at least some courts continue to properly treat HIV-related medical information with a high-level of seriousness and are loathe to release such confidential information unless it is directly relevant to the case at hand.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.