Opinion
January 19, 1999.
Appeal from the Supreme Court, Kings County (Clemente, J.).
Ordered that the order is modified by deleting the provision thereof granting that branch of the plaintiffs' motion which was to compel the New York City Health Hospitals Corporation to produce the medical information contained in the hospital records of Jaheem Grayton and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, to redact those portions of Jaheem Grayton's hospital records which contain medical information.
The plaintiffs moved to compel the appellant to produce the hospital records of Jaheem Grayton, who was convicted of murder for causing the death of the plaintiffs' decedent. The plaintiffs allege that the appellant was negligent in its treatment and premature release of Grayton.
Grayton's medical records are privileged and confidential and the appellant may not divulge them absent an express waiver by Grayton ( see, CPLR 4504 [a]; Exelbert v. State of New York, 140 A.D.2d 665; Matter of Ashford v. Brunswick Psychiatric Ctr., 90 A.D.2d 848; Moore v. St. John's Episcopal Hosp., 89 A.D.2d 618). Grayton has not waived his right to keep confidential the medical information contained in his hospital records; that is, information regarding diagnosis, prognosis, propensities, and treatment ( see, Matter of Ashford v. Brunswick Psychiatric Ctr., supra; Exelbert v. State of New York, supra). Accordingly, the Supreme Court erred to the extent that it permitted discovery and inspection of medical information. However, the plaintiffs are entitled to any nonmedical information in Grayton's hospital records. Therefore, this matter is remitted to the Supreme Court to redact the portions of Grayton's hospital records which contain medical information.
Mangano, P. J., Joy, Friedmann and Goldstein, JJ., concur.