Legal Decisions of Note – Week of July 13 – 20, 2022 

These is a recent case decision regarding medical malpractice that we think is interesting. The firm of Sholes & Miller is not involved in this matter.  


Borek v. Seidman (Supreme Court NY County, J. John J. Kelley) – This case has an interesting discussion of the standard for obtaining a preliminary injunction, the circumstances under which a patient’s request for his own records may be denied pursuant to Public Health Law 18, and the doctrine of collateral estoppel or issue preclusion. This is an action for medical malpractice, in which plaintiff claims that his psychiatrist improperly prescribed certain psychiatric medications. The plaintiff sought a preliminary injunction prohibiting defendant psychiatrist from disposing of or destroying his treatment records during the pendency of the action and compelling her to provide a copy of the records. In a previous Article 78 proceeding, the plaintiff had been denied access to his own records. Collateral estoppel applied and the request for his own records was denied.

Source:  NYS Law Reporting Bureau, NY Official Reports, Slip Opinion Service

Submitted by Ellen A. Fischer, Sholes & Miller, PLLC

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