New York Appellate Division Construes HIV Confidentiality Law in Discovery Dispute

A unanimous five-judge panel of the New York Appellate Division ruled on June 6 that plaintiffs in a wrongful death action had failed to provide evidence necessary to show a “compelling need” for medical records that might include HIV-related information about the decedent.  The ruling, reversing a trial court discovery order, granted plaintiff’s cross-motion for a protective order “concerning records related to any HIV/AIDS status that plaintiff’s decedent may have,” and also cut down the … <Read More>