MONG v. CHILDREN HOSPITAL OF BUFFALO

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Supreme Court, Appellate Division, Fourth Department, New York.

Joel F. MONG and Susan M. Mong, Individually and as Parents and Natural Guardians of Emily E. Mong, an Infant, Plaintiffs-Respondents, v. CHILDREN'S HOSPITAL OF BUFFALO, Defendant-Appellant, et al., Defendant.

Decided: March 31, 1999

Present:  LAWTON, J.P., HAYES, WISNER, PIGOTT, JR., and CALLAHAN, JJ. Gregory Peter Krull, Magner Love & Morris P.C., Buffalo, for plaintiffs-respondents. Ann M. Campbell, Buffalo, for defendant-appellant.

Supreme Court properly granted the motion of plaintiffs to compel a nurse employed by defendant, Children's Hospital of Buffalo (Hospital), to appear for a further deposition and to testify concerning conversations she had with her nurse manager and charge nurse concerning an incident at the Hospital involving plaintiffs' daughter.   The Hospital failed to establish that the conversations were entitled to the exemption from disclosure provided in Public Health Law § 2805-m and Education Law § 6527(3).   The evidence submitted by the Hospital did not demonstrate that the conversations were held within the confines of its formal quality review procedure (see, Crea v. Newfane Inter-Community Mem. Hosp., 224 A.D.2d 976, 977, 637 N.Y.S.2d 843;  see also, Loose v. Penfield Volunteer Emergency Ambulance Serv., 222 A.D.2d 1080, 635 N.Y.S.2d 839).   The Hospital's reliance on Logue v. Velez, 92 N.Y.2d 13, 677 N.Y.S.2d 6, 699 N.E.2d 365, is misplaced.   In that case, plaintiffs sought disclosure of a physician's application for privileges, which was submitted to the defendant hospital pursuant to Public Health Law § 2805-k (1).

Order unanimously affirmed with costs.

MEMORANDUM: