N.Y. JUDGE DENIES PATIENT SURGEON'S MEDICAL RECORDS FOR HER MALPRACTICE SUIT

A woman who says her facelift was botched by a surgeon with physical problems may not see the doctor's personal medical records as evidence for her lawsuit, a Manhattan judge has ruled.

Geraldine Brower says she believes Dr. George J. Beraka had an undisclosed arm or hand impairment when he operated on her on Nov. 20, 2000. Because of this impairment, she says, Beraka injured nerves that left her with a facial twitch and a lip tremor.

State Supreme Court Justice Eileen Bransten said the doctor's medical records are private and privileged and not available to the patient because he has not offered his medical condition as a defense to the woman's malpractice lawsuit.

Beraka's lawyer, Lawrence D. Bloomstein, said he was "very pleased" with the decision. He said it would have "implications for all physicians in this state who find themselves defendants in malpractice cases."

The judge did decide that Beraka must answer narrowly focused questions from Brower's lawyer, Harry Issler, under oath in a deposition. He must disclose whether he suffered from any arm impairment.

Issler said that his patient learned about Beraka's alleged medical problem when she called the doctor's office days after her surgery to schedule an appointment and was told that Beraka was hospitalized for surgery on his arm or hand.

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VIRGINIA ADOPTS SMALL BUSINESS INSURANCE PURCHASING BILL

Virginia Governor Timothy M. Kaine has signed a General Assembly bill that allows small businesses to collectively purchase health insurance, a measure supporters hope will help address health care concerns within the state's small business community.

House Bill 761 authorizes small businesses with fewer than 50 employees to join together to purchase health insurance coverage for their employees. The legislation also allows small businesses that currently have a coverage plan to increase health insurance options for their employees.

"Small to mid-sized businesses are a cornerstone of Virginia's economic success," Kaine said. "This bill allows creative options to help small businesses confront this problem effectively."

The measure allows businesses to have flexibility in how they form purchasing pools, either by establishing one person or entity to be responsible for collection and payment of premiums, or by allowing each company to take responsibility for its own policy.

The savings potential of this health insurance pooling depends on the size, composition and administration of the pool.