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Doctor Can Keep His Own Medical Records Confidential in Malpractice Case

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At a glance:

A doctor, accused of plastic surgery malpractice, does not have to disclose his own medical records as evidence, a judge has ruled. 
 
The plaintiff, a woman who claims her face lift was botched, says one of the doctor's office staff told her the doctor had surgery on his arm or hand closely following her operation. 
 
However, the judge ruled that the doctor and his office staff could be questioned by the plaintiff's lawyers on the matter.

NY Judge Denies Disclosure of Surgeon's Records

Texas Lawyer - 6/21/2006 3:14 AM

A medical malpractice plaintiff, who claims her doctor was suffering from a physical condition that caused him to botch her face-lift, may not compel the doctor to disclose his medical records, a New York judge has ruled.
 
The defendant doctor's medical records remain privileged, unless he has taken some affirmative step to put his medical condition in issue, Manhattan Supreme Court Justice Eileen Bransten ruled in Brower v. Beraka, 109514/03.
 
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