Appeals

2012

Davidson v. Rubinstein, MD, et al – On June 25, 2012, the United States Court of Appeals for the Second Circuit affirmed the judgment (United States District Court for the District of Connecticut) in favor of the defendants, holding that Conn. Gen. Stat. §§ 52-146d and 52-146e must be read in light of the underlying purpose of the psychiatrist-patient privilege, i.e., the need to safeguard confidential communications or records of a patient seeking diagnosis and treatment so as to protect the therapeutic relationship. Thus, it is axiomatic that communications that bear no relationship to the purpose for which the privilege was enacted do not obtain shelter under the statute and are admissible under the normal rules of evidence.

2008

Smith v. Andrews, 289 Conn. 61, 959 A.2d 597 (2008): Supreme Court affirmed defense verdict and rejected claims of failure to show compliance with “national” standard of care.

Russo v. Phoenix Internal Medicine Associates, PC, 109 Conn. App. 80, 87, 950 A.2d 559 (2008): Appellate Court affirmed defense verdict and ruled that cardiologist precluded from testifying about standard of care of internal medicine specialist.