In Santiago v N.D. Enterprises , Orlando Santiago filed suit against N.D. Enterprises and William Kreutzer for personal injuries suffered in a car accident.
After motion practice, the Kings County Civil Court granted Santiago's request for judgment on the issue of liability, and ordered a trial to determine his damages.
In response to a discovery demand, Santiago furnished an authorization which allowed his physician, Dr. Slukhinsky -- whom Santiago had seen before and after the accident -- to release medical records.
While Slukhinsky provided all of Santiago's post-accident treatment records, the doctor refused to supply any other documents. When another form was given to Slukhinsky, the remaining records were relinquished. However, it appears the authorization form had been impermissibly altered. As a result, the Civil Court excluded all evidence having to do with Santiago's prior medical history on the ground that defendants failed to adhere to appropriate procedures, and, awarded Santiago damages in the amount of $290,000. Of course, the Defendants then appealed to the Appellate Term, Second Department.
Since Santiago wasn't harmed by the disclosure of his prior medical records (because he put his physical condition at issue and thus waived the doctor-patient privilege) and had previously authorized Slukhinsky to provide the defendants with all of his medical records, the AT2 found the Civil Court's exclusion of the evidence prejudiced the outcome and sent the damage claim back for reexamination.
This time, will Santiago get squeezed?
To download a copy of the Appellate Term's decision, please use this link: Santiago v N.D. Enterprises