Discovery of other resident’s charts

In cases where the medical records contain peripheral,
non medical information, courts have ruled such
information is not privileged. See Ashford vs
Brunswich Psychiatric Center
, 456 NYS 2d 96, (1982),
Moore vs St. John’s Episcopal Hospital, 452 NYS2d 669

Notes written by a nurse are generally not protected
by the physician-patient privilege. See Weis v Weis,
72 NE2d 245. Weis is a leading case on this issue. In
Weis the court held that because the statute governing
the physician-patient privilege made no mention of
communications between a nurse and a patient, any
information given to a nurse was not privileged. This
case illustrates the trend seen in many cases where
the courts have interpreted the physician-patient
privilege. The privilege did not exist at common law
and courts construe the statute narrowly.