WHISTLE-BLOWING — FELLOWSHIP

Pal v. N.Y. Univ., No. 06Civ.5892(BJS)(FM) (S.D.N.Y. May 22, 2007)

In this whistle-blower case, the federal District Court for the Southern District of New York granted a medical school's motion for a protective order preventing a laparoscopic fellow who was terminated from contacting any patients of the fellowship's supervisors. Additionally, the court denied the terminated fellow's cross-motion to compel discovery, to the extent that she sought the medical records of six specific patients and documentation concerning the credentials and licensing of two fellows who preceded her in the program. However, the court granted the portion of the fellow's motion to compel discovery seeking disclosure of the identification of persons having knowledge of the medical treatment of the six patients for whom she requested the production of medical records.

In granting the medical school's motion for a protective order, the court recognized that the patients' right to confidentiality is no less in the public interest than the exposure of potential medical malpractice. The court denied the terminated fellow's portion of the motion to compel discovery pertaining to the medical records of the six patients because New York law prohibits the disclosure of any patient information unless the patient waives the privilege. The court also denied the part of the motion to compel discovery regarding documentation of the credentials and licensing of previous fellows of the program because New York state law insulates from discovery information collected by a hospital in maintaining a program of quality review or in reviewing a physician's prior history when deciding whether to grant a physician privileges at their facilities. However, the portion of the motion to compel discovery of the identification of persons having knowledge of the medical treatment of the previously mentioned six patient was granted because the mere disclosure of the identity of these individuals did not contravene either HIPAA or New York law.