Upon the commencement of a personal injury action a plaintiff waives the physician-patient privilege of confidentiality and no longer possesses relevant protected health information. ( Anker v Brodnitz, 98 Misc 2d 148, 73 AD2d 589, 51 NY2d 703, 743; Koump v Smith, 25 NY2d 287; Dillenbeck v Hess, 73 NY2d 278; People v Edney, 39 NY2d 620; People v AlKanani, 33 NY2d 260; Capron v Douglass, 193 NY 11; People vBloom, 193 NY 1; Strader v Collins, 280 App Div 582; Luce v State of New York, 266 AD2d 877; Tiborsky v Martorella, 188 AD2d 795.) II. The ex parte interview of any nonparty fact witness — medical or not — conducted subsequent to the institution of a personal injury lawsuit — constitutes trial preparation which is both the obligation and right of every trial attorney.