You are here: / / MEDICAL JOURNAL KEPT BY PLAINTIFF’S DECEDENT AFTER SHE WAS INJURED...
,

MEDICAL JOURNAL KEPT BY PLAINTIFF’S DECEDENT AFTER SHE WAS INJURED AT THE DIRECTION OF HER ATTORNEY PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, MEDICATION LOG IS NOT PROTECTED (THIRD DEPT).

The Third Department determined that a medical journal kept by plaintiff’s decedent after an injury at the direction of her attorney was protected by attorney-client privilege, where as a record of her medications were not:

Upon examination of the notes turned over to Supreme Court for an in camera review, we conclude that they are a mixed collection, some of which are shielded by the attorney-client privilege and some of which are not. The three-page portion labeled “injury journal” is, as described by decedent’s attorney, a seamless report of the incident at the health club and the medical care that decedent received shortly thereafter. The medication log is on a separate page and includes other notes of a personal nature. We agree with Supreme Court that the medication log was made for the purpose of keeping a medical record rather than as a confidential communication made for the purpose of legal services. Accordingly, in the absence of evidence that the medication log constituted a communication of legal character between decedent and [her attorney], plaintiff may not invoke the attorney-client privilege to shield its disclosure … . Wrubleski v Mary Imogene Bassett Hosp., 2018 NY Slip Op 05256, Third Dept 7-12-18

ATTORNEYS (PRIVILEGE, MEDICAL JOURNAL KEPT BY PLAINTIFF’S DECEDENT AFTER SHE WAS INJURED AT THE DIRECTION OF HER ATTORNEY PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, MEDICATION LOG IS NOT PROTECTED (THIRD DEPT))/PRIVILEGE (ATTORNEY-CLIENT, MEDICAL JOURNAL KEPT BY PLAINTIFF’S DECEDENT AFTER SHE WAS INJURED AT THE DIRECTION OF HER ATTORNEY PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, MEDICATION LOG IS NOT PROTECTED (THIRD DEPT))/INJURY LOG (ATTORNEY-CLIENT PRIVILEGE,  MEDICAL JOURNAL KEPT BY PLAINTIFF’S DECEDENT AFTER SHE WAS INJURED AT THE DIRECTION OF HER ATTORNEY PROTECTED BY ATTORNEY-CLIENT PRIVILEGE, MEDICATION LOG IS NOT PROTECTED (THIRD DEPT))

You might also like
Disability Pre-dated Work at World Trade Center—Worker Entitled to Workers’ Compensation
Worker’s Claim Not “Truly Closed” So As to Preclude Further Proceedings 
THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE CAN RECOUP MONEY PAID TO A SSI-BENEFIT-APPLICANT UNDER A WORK EXPERIENCE PROGRAM (WEP) DURING THE PERIOD THE APPLICANT IS AWAITING SSI-BENEFIT APPROVAL (THIRD DEPT).
PETITIONER, THE OWNER OF A LEASED CAR DAMAGED IN AN ACCIDENT, SOUGHT A DECLARATION THAT THE RESPONDENT REPAIR SHOP’S GARAGEKEEPER’S LIEN WAS NULL AND VOID ALLEGING IT DID NOT AUTHORIZE THE REPAIR; ALTHOUGH THE NOTICE OF THE SALE TO PAY OFF THE LIEN DID NOT COMPLY WITH THE LIEN LAW, THE PETITION SHOULD NOT HAVE BEEN GRANTED BASED UPON EVIDENCE SUBMITTED IN SURREPLY (THIRD DEPT).
CLAIMANT, A PER DIEM SUBSTITUTE TEACHER, WAS GIVEN REASONABLE ASSURANCE OF CONTINUED EMPLOYMENT AND THEREFORE WAS NOT ENTITLED TO UNEMPLOYMENT BENEFITS BETWEEN THE ACADEMIC TERMS (THIRD DEPT).
Question of Fact Raised About Whether Injury Incurred by State Trooper; Paramedic when Removing Injured Person from Crashed Car Was Covered “Occurrence” Under Trooper; Paramedic’s Supplementary Uninsured-Underinsured Motorist Policy
DEFENDANT’S STATEMENT DURING THE PLEA COLLOQUY THAT HE HAD NO MEMORY OF COMMITTING THE CRIME DUE TO DRUG USE REQUIRED FURTHER INQUIRY BY THE COURT, GUILTY PLEA SHOULD NOT HAVE BEEN ACCEPTED, NARROW EXCEPTION TO PRESERVATION REQUIREMENT APPLIED.
Failure to Directly Address a Juror’s Stated Bias Required Reversal—“Bright Line” Rule Explained

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DETERMINATION PETITIONER VIOLATED THE COLLEGE’S SEXUAL ASSAULT POLICY... HEARSAY NOT DEMONSTRATED TO BE RELIABLE, DISCIPLINARY DETERMINATION ANNULLED...