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New York Truck Driver Waived Medical Privilege

March 1, 2012

Our New York truck accident lawyer, Michael Joseph won a major decision in a Federal lawsuit alleging wrongful death arising out of an accident between a motorist and a commercial tractor trailer.

New York truck accident attorney Michael Joseph
demanded that the defendant provide authorizations for his medical records and the truck driver claimed they were privileged. Our personal injury attorneys established that the privilege had been waived because the truck driver waived his privilege and put his medical condition in issue by 1) applying for a commercial trucking license which requires disclosure of the medical condition and 2) by discussing his medical condition with police officers investigating the accident and 3) by testifying about the condition in his deposition without raising the privilege.

A commercial truck driver’s medical conditions which affect concentration, alertness and cognitive abilities are relevant in truck accidents which result in personal injury and wrongful death. Our truck accident lawyers regularly handle truck accident cases in New York City, Westchester, Putnam, Dutchess, Rockland, Long Island and even New Jersey.

The Law Offices of Michael H. Joseph