Scalone v. Phelps Memorial Hospital Center

In Scalone v. Phelps Memorial Hospital Center (184 AD2d 65 [2d Dept 1992]), the defendants sought the medical records of the plaintiff, a distributee, on the ground that, by commencing the wrongful death action, the plaintiff-distributee placed her own health, age, and circumstances in controversy. They argued that the plaintiff's medical history and records were relevant to the extent that they can vary the application of the life expectancy tables on the durational measurement of the plaintiff's claim. The Appellate Division, Second Department ruled, "in the instant case, the mere fact that the plaintiff has commenced this action as a personal representative and distributee is insufficient to effect a waiver of her privilege." (Scalone, 184 AD2d at 73.)