People v. Decina - 1 A.D.2d 592, 152 N.Y.S.2d 169 (App. Div. 4th Dept. 1956)

Rule:

The essential function performed by a hospital and its medical staff is the treatment of patients. N.Y. Civ. Prac. Act § 352 does not become inoperative because of conflicting allegiances. The relation of physician and patient once established comes within the protection of the statute, where the transactions in question are either in whole or in part for the purpose of, and involve treatment of the patient.

Facts:

Defendant's vehicle went out of control, jumped a curb, and killed four children on the sidewalk. The indictment alleged that defendant knew that he was subject to epileptic attacks or another disorder likely causing him to lose consciousness.  Defendant was charged with violation of N.Y. Penal Law §1053-a. During the course of the trial, the district court admitted the testimony of the defendant’s physician indicating that the defendant had a history of seizures. Defendant was convicted. Defendant appealed his conviction, and also sought review of a prior order of the district court which overruled a demurrer to the indictment. 

Issue:

1. Did the district court err in overruling a demurrer to the indictment? 
2. Was the testimony of the defendant’s physician properly admitted as evidence? 

Answer:

1) No. 2) No.

Conclusion:

The court found that a demurrer to the indictment was properly overruled because, if proven, defendant's knowledge of his medical condition evinced a disregard of the consequences that could have resulted from operating a vehicle, as well as an indifference to the rights of others. The court, however, found that reversal was required because the trial court improperly admitted testimony of the treating physician indicating that defendant had a history of seizures. The testimony was privileged under N.Y. Civ. Prac. Act § 352. Although the treating physician served in a dual capacity both as a physician providing treatment and a physician acting as a representative of the prosecuting authorities, the essential function of the physician and the hospital was the treatment of patients. Section 352 did not become inoperative because of the dual capacity of the doctor where the patient was not advised of the doctor's prosecutorial function.