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RANDI A. J. v. LONG IS.

46 A.D.3d 74 (2007)

842 N.Y.S.2d 558

RANDI A.J., Respondent, v. LONG ISLAND SURGI-CENTER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 25, 2007.

Attorney(s) appearing for the Case

Murphy & Higgins LLP (Mauro Goldberg & Lilling LLP, Great Neck [Barbara D. Goldberg and Richard J. Montes of counsel]), for appellant.

Law Offices of John J. Guadagno, P.C., East Islip (Steinberg & Boyle, LLP [Robert G. Steinberg of counsel]), for respondent.

McCARTHY and DICKERSON, JJ., concur with FISHER, J.; KRAUSMAN, J., and CRANE, J.P., concur in part and dissent in part and vote to modify the judgment appealed from by deleting the provision thereof awarding punitive damages, and, as so modified, to affirm the judgment in a separate opinion by KRAUSMAN, J.

OPINION OF THE COURT

FISHER, J.

It is now part of the declared public policy of the State of New York to protect every individual's right to keep medical treatment private and personal and medical records confidential (see Public Health Law § 2803-c [1], [3] [f]). As a result, when a state-licensed entity breaches that right—and especially when it does so in connection with a particularly sensitive medical procedure—more may be...

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