WITNESSES - PRIVILEGE OF COMMUNICATIONS BETWEEN PHYSICIAN AND PATIENT APPLICABLE TO NONJUDICIAL PROCEEDINGS

Pursuant to section 43 of the city charter, the City Council of New York appointed a special committee to investigate charges of negligence and maladministration in the treatment of patients at Lincoln Hospital. Subpoenas duces tecum were served upon the commissioner of hospitals and upon the medical superintendent of Lincoln Hospital requiring the production of hospital records, including case records relating to certain named patients. The commissioner refused to produce any of the case cards or records, justifying his position on the ground that the physician-patient privilege was applicable to legislative investigations. The New York Civil Practice Act, section 354, provides that the privilege shall "apply to any examination of a person as a witness unless the provisions thereof are expressly waived upon the trial or examination by . . . the patient." The appellate division unanimously affirmed the lower court's order requiring compliance with the subpoena.

The commissioner appealed. Held, that under the physician-patient privilege, the refusal to produce the case cards or records was proper. The privilege is not limited to judicial proceedings, but extends to legislative investigations as well. New York City Council v. Goldwater, 284 N. Y. 296, 31 N. E. (2d) 31 (1940).