People v. Swinger

In People v. Swinger, 180 Misc 2d 344 [Crim Ct, NY County 1998] the Court held that hospital records naming the defendant as the "batterer" of his wife were found to be admissible. Although the case did not deal with child abuse, the analysis employed in the case is analogous to the position this court has taken. The Swinger court held that the medical records which included statements by the complainant that she was "assaulted by her husband" and that she was "assaulted by husband, sustaining fist blows to her head, arms and back" and that she was "being beaten up by her husband," were admissible (at 345). The court reasoned that in this case the manner in which the injury was inflicted and by whom was significant because, "the treatment of a domestic violence victim's apparent physical injuries is closely associated with the victim's emotional well-being. Unlike other types of assault, domestic violence results not only in physical injuries to its frightened and battered victims but also will have a traumatic impact on the victims' psychological well-being. Battered Woman Syndrome has become a recognized diagnosis." (People v. Swinger, supra at 349.) Therefore, it appears that where a patient is identified as a domestic violence victim, naming the person responsible for the injuries to the victim is relevant to the patient's diagnosis and treatment. Likewise, for victims of child abuse, effective treatment requires the relationship of a perpetrator to the victim be addressed.