Winter 2012

• Medical Malpractice Claim Dismissed on Ground That Medical Professionals Do Not Owe a Duty to the General Public

• Psychologist Lacks Standing to Force Office of Professional Discipline to investigate His Complaint Against Another Psychologist

• In a Matter of First Impression, Appellate Division Holds That Supreme Court Has Jurisdiction to Declare the Maternity of a Child in a Gestational Surrogacy Action Without Requiring a Formal Adoption Proceeding

• Family Practitioner Who Provided Mental health Services Held Liable for Medical Malpractice on Basis of Consensual Sexual Relationship with Patient

• District Court Applies Federal Privilege to medical Peer Review Records in Federal Tort Claims Act Suit

• Hospital That Acquired Assets of Another Hospital Pursuant to Berger Commission Mandate Has Standing to Intervene in Cy Pres Proceeding Concerning Trust Assets of Acquired Hospital

• No Private Right of Action for Consequential Damages Is Implied from the Reimbursement Provisions of Public Health Law § 2807

• Court Directs Psychiatric Clinic to Provide OPMC with Records of Physician's Inpatient Psychiatric Treatment

Summer-Fall 2011

• HIPAA Privacy Rule Prohibits Disclosure of Medical Records for Use in Kendra's Law Proceeding Without Patient's Consent or Notice to Patient

• Appellate Division Dismisses Whistleblower Claims Under Labor Law §§ 740 and 741, and Awards Attorneys' Fees to Hospital Defendant

• District Court Holds that the Federal Nursing Home Reform Amendments ("FNHRA") Confers a Private Right of Action Upon Nursing Home Residents Enforceable Under § 1983

• Three-Year Statute of Limitations Applies to Alleged Violation of Public Health Law Article 27-F, Which Protects the Confidentiality of HIV-Related Information

• Appellate Division Holds That Hospital's Statements Regarding Physician Made During an Internal Employment Review Were Not Defamatory

• Treatment Facility's Operating Certificate Revocable Without Prior Opportunity to Implement Corrective Action Plan

• District Court Sua Sponte Orders Supplemental Briefing and More Definitive Statement Before Dismissing Plaintiffs' FLSA and NYLL Claims for a Third Time

• Court Dismisses Physician's Claims for Age Discrimination, Retaliation and Hostile Work Environment

• Appellate Division Affirms Determination by Board for Professional Medical Conduct to Annual Certificate of Incorporation of Medical P.C.

Spring 2011

• Second Circuit Court of Appeals Rules That there Is No Constitutional Right of Privacy for Fibromyalgia

• Second Circuit Court of Appeals Holds That Church Amendment Provides No Private Right of Action

• The Southern District of New York Dismissed Four Related Wage and Hour Lawsuits for Plaintiffs' Failure to Properly Plead FLSA, RICO, NYLL, and Common Law Claims

• PHL Section 2801-d Does Not Apply to Residents of State Psychiatric Hospitals

• No Hospital Liability for Employees Who Follow Directions of Private Attending Physician

• Court Upholds Physician's License Revocation and $50,000 Fine

~ 2010 Summaries