Does a plaintiff's response to questions posed by her personal physician at a pre-trial examination before trial constitute voluntarily disclosing privileged information?
"New York", United States of America
The following excerpt is from Ravit v. Simon Props. Grp., Inc., 2012 NY Slip Op 33242 (N.Y. Sup. Ct. 2012):
cite to Iseman v. Delmar Medical-Dental Building, Inc. (113 AD2d 276 [3rd Dept 1985]), which held that the physician-patient privilege "extends to pretrial matters, and plaintiff's response to questions posed by her adversary at an examination before trial does not constitute voluntarily disclosing privileged information so as to warrant defendant's entitlement to depose her personal physician" (id.).
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