The patient was injured as a result of a fall from a fourth floor door in the hospital. The application for an examination of the hospital records was made by her committee on her behalf pursuant to subdivision 9 of section 34 of the Mental Hygiene Law, for the purpose of determining whether the incompetent will file a claim against the State for negligence. The State contends that such records are privileged, pursuant to section 352 of the Civil Practice Act, and that the...
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