Opinion
November 17, 1986
Appeal from the Supreme Court, Kings County (Spodek, J.).
Ordered that the order is reversed, without costs or disbursements, and the cross motion is granted to the extent that the plaintiff Golda Leichter is directed to produce the medical records concerning her postaccident mastectomy and treatment for heart palpitations. Her time to produce those records is extended until 30 days after service upon her of a copy of this decision and order, with notice of entry.
While the court has "wide discretion to decide whether information sought is 'material and necessary' to the * * * defense of an action * * * that discretion is not unlimited" (Allen v Crowell-Collier Pub. Co., 21 N.Y.2d 403, 406). By bringing this action and affirmatively placing her physical and mental condition in issue, the plaintiff Golda Leichter (hereinafter the plaintiff) waived the doctor-patient privilege (see, Koump v Smith, 25 N.Y.2d 287, 295; Prink v Rockefeller Center, 48 N.Y.2d 309; CPLR 3121 [a]). Accordingly, the defendant Gladys Cohen (hereinafter the defendant) was entitled to the records of specified hospitals and doctors "relating to" the plaintiff's mental and physical condition (see, CPLR 3121 [a]). The plaintiff claimed that she suffered psychological injuries arising from an automobile accident on December 27, 1981, and that several months later she underwent a radical mastectomy. From her deposition, it appears that the plaintiff developed some psychological problems from that operation. After the accident, the plaintiff also suffered heart palpitations and was treated by Doctors Cohen and Silver.
Although the plaintiff may not be claiming that her heart condition and mastectomy are related to the accident, nevertheless, taking into consideration the temporal proximity of these incidents, there may be a causal interrelationship with the psychological injuries alleged. The defendant would have the right to discover the extent of the physical and psychological injuries which resulted from the automobile accident, as distinguished from the plaintiff's other postaccident medical conditions. Accordingly, the medical records sought by the defendant relate to the plaintiff's mental and physical condition and the defendant was entitled to their disclosure. Thompson, J.P., Niehoff, Rubin and Spatt, JJ., concur.