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NICHTER, THOMAS R. v. ERIE COUNTY MEDICAL CENTER CORPORAT
Citation: Not availableDocket: CA 11-01999
Court: Appellate Division of the Supreme Court of the State of New York; March 23, 2012; New York; State Appellate Court
Original Court Document: View Document
An appeal was made by the defendants in a medical malpractice case concerning the denial of their motions to compel the plaintiffs, Thomas R. Nichter and Dorothy Nichter, to provide medical authorizations for accessing specific medical records. The Supreme Court of Erie County had previously denied the defendants’ requests for records from the Erie County Medical Center and Buffalo General Hospital covering the period from June 13, 2005, to the present, as well as records from plaintiff's primary physician, Dr. Arvind Wadhwa, from 1995 onward. The appellate court found that these records are "material and necessary" for the defense, as they may contain information pertinent to the case, including prior medical conditions that could influence the defense's strategy. However, the court mandated that an in-camera review of the records should be conducted to ensure any irrelevant information is redacted before the defendants gain access to them. Consequently, the appellate court modified the lower court's order by vacating the complete denial and instructing the plaintiff to submit the requested records for review while affirming the modified order without costs.