Binghamton Law Blog: Covering Topics from Personal Injury to Estate Planning Law

Relationships between doctors and patients often involve sensitive and personal information, and for that reason, there are laws in New York and other states to enforce doctor-patient confidentiality. A doctor could be sued for medical malpractice if he or she breaches that confidentiality. The confidential relationship starts when a doctor takes on a patient, and it lasts forever -- even after the patient's death. However, exceptions exist.

A doctor may not divulge to a third party anything that the patient revealed or any conversations that they had. Also protected are conclusions or opinions the physician formed after a medical examination or assessment. Furthermore, medical history, laboratory reports, X-rays, pre-existing conditions and other medical history information will be confidential. The confidentiality extends to members of the doctor's medical staff.

If visitors to any public facility suffer injuries while on the premises, the property owners or tenants might be held responsible. Although it might be unheard of in New York, even a church can be named as a defendant in a premises liability lawsuit. Such a claim was recently filed in another state after a pastor allegedly injured a church-goer who has been a member of the congregation for 15 years.

According to the complaint, a female member of the congregation's choir arrived at the church in March last year. She says the time came during the service for the pastor to bless each congregant, typically involving him lightly touching each person's forehead. However, the plaintiff alleges that the pastor used such force when it was her turn that his touch pushed her backward, causing her to fall and strike her head against the floor.

Estate planning is an exercise that reminds many people in New York of their mortality. That causes many to procrastinate, deciding that wills  and other estate planning  measures can be put off for another day down the line. However, having an up-to-date estate plan can provide peace of mind, particularly since no one knows when an accident or other tragedy may disrupt their lives.

A properly crafted estate plan can ensure that property will go to those to whom it was intended, while the absence of a will means that the deceased's property will be distributed according to the state's laws of intestacy.  Apart from a will, some people decide to set up a revocable trust. This planning device serves a purpose similar to a will, but is a way to avoid probate, costly court proceedings and emotional stress for surviving loved ones and heirs. Furthermore, it preserves estate privacy.

Couples in New York who are having trouble conceiving might consider a consultation with a fertility specialist. However, a medical malpractice lawsuit that was recently filed in another state might make them reconsider. A woman in her thirties recently discovered that the doctor who cared for her mother during her pregnancy was her father rather than the man she had known as her father for all these years.

According to court documents, the woman sent a DNA sample to a genealogy website and received a reply that named a man whom she did not know as her father. She mentioned this to her mother who immediately recognized the name of the obstetrician-gynecologist who had diagnosed her husband with a low sperm count all those years ago. The doctor suggested the couple use donated sperm from a donor of their choice. The doctor soon informed them a donor matching their requirements had been found and the procedure was done; a positive pregnancy test followed soon after.