N.Y. CPLR § 4504

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4504 Physician, dentist, podiatrist, chiropractor and nurse § 4504. Physician, dentist, podiatrist, chiropractor and nurse. (a)Confidential information privileged. Unless the patient waives theprivilege, a person authorized to practice medicine, registeredprofessional nursing, licensed practical nursing, dentistry, podiatry orchiropractic shall not be allowed to disclose any information which heacquired in attending a patient in a professional capacity, and whichwas necessary to enable him to act in that capacity. The relationship ofa physician and patient shall exist between a medical corporation, asdefined in article forty-four of the public health law, a professionalservice corporation organized under article fifteen of the businesscorporation law to practice medicine, a university faculty practicecorporation organized under section fourteen hundred twelve of thenot-for-profit corporation law to practice medicine or dentistry, andthe patients to whom they respectively render professional medicalservices.A patient who, for the purpose of obtaining insurance benefits,authorizes the disclosure of any such privileged communication to anyperson shall not be deemed to have waived the privilege created by thissubdivision. For purposes of this subdivision:1. "person" shall mean any individual, insurer or agent thereof, peerreview committee, public or private corporation, political subdivision,government agency, department or bureau of the state, municipality,industry, co-partnership, association, firm, trust, estate or any otherlegal entity whatsoever; and2. "insurance benefits" shall include payments under a self-insuredplan.(b) Identification by dentist; crime committed against patient undersixteen. A dentist shall be required to disclose information necess fits" shall include payments under a self-insuredplan.(b) Identification by dentist; crime committed against patient undersixteen. A dentist shall be required to disclose information necessaryfor identification of a patient. A physician, dentist, podiatrist,chiropractor or nurse shall be required to disclose informationindicating that a patient who is under the age of sixteen years has beenthe victim of a crime.(c) Mental or physical condition of deceased patient. A physician ornurse shall be required to disclose any information as to the mental orphysical condition of a deceased patient privileged under subdivision(a), except information which would tend to disgrace the memory of thedecedent, either in the absence of an objection by a party to thelitigation or when the privilege has been waived:1. by the personal representative, or the surviving spouse, or thenext of kin of the decedent; or2. in any litigation where the interests of the personalrepresentative are deemed by the trial judge to be adverse to those ofthe estate of the decedent, by any party in interest; or3. if the validity of the will of the decedent is in question, by theexecutor named in the will, or the surviving spouse or any heir-at-lawor any of the next kin or any other party in interest.(d) Proof of negligence; unauthorized practice of medicine. In anyaction for damages for personal injuries or death against a person notauthorized to practice medicine under article 131 of the education lawfor any act or acts constituting the practice of medicine, when such actor acts were a competent producing proximate or contributing cause ofsuch injuries or death, the fact that such person practiced medicinewithout being so authorized shall be deemed prima facie evidence ofnegligence.