Makris v. Westchester County,

Makris v. Westchester County,
2002 WL 31761404 (N.Y. App. Div. Dec. 9, 2002)

In
an action to recover damages for medical malpractice, the plaintiff appealed
an order of the New York Supreme Court which granted the defendant county and
medical center’s motion for a protective order with respect to certain items
the plaintiff requested during discovery. Holding that many of the plaintiff’s
discovery requests were not vague, overly broad, unduly burdensome, irrelevant
or privileged, the New York Supreme Court Appellate Division modified the orders
of the lower court, holding that the medical center should provide statements
made or given by a particular individually named defendant at or to any meeting
held pursuant to the New York State Peer Review Statute regarding the subject
matter of the plaintiff’s case. The court also held that the plaintiff was entitled
to the medical staff rules of the medical center in effect in 1987, concerning
the qualifications required of a physician to perform the procedures plaintiff
underwent at that time. The Appeals Court then ordered the medical center to
produce the records or reports of any meeting held pursuant to the New York
Peer Review Statute involving the subject matter of the case for an in camera
review by the trial court, in order for the trial court to determine whether
any material therein was exempt from disclosure, and, if so, to perform necessary
redactions.