Syracuse Personal Injury Law Blog
Federal law deems certain communications privileged and protects them from disclosure. For example, confidential communications between spouses are generally not discoverable. Recently, a New York court discussed the spousal privilege in the context of medical malpractice cases, in a matter in which it ultimately rejected the defendant’s objection to the invocation of the privilege. If you incurred damages due to the negligence of a health care provider and you are interested in pursuing claims for compensation, it is advisable to speak to a Syracuse medical malpractice lawyer about your rights.
The Plaintiff’s Allegations
It is reported that the plaintiff commenced a lawsuit against the defendant in federal court, asserting medical malpractice claims, among other things, arising out of the death of her father while he was in the defendant’s care. The case progressed through discovery, and the defendant sought information from the plaintiff and her husband regarding conversations they had about the decedent’s admission to the defendant’s facility and his ongoing care. The plaintiff argued that such communications were protected under the spousal privilege. The defendant objected to the invocation of the privilege.
The Spousal Communication Privilege
Federal law affords married parties a privilege with regard to confidential communications with their spouses. In order for the privilege to apply, the party invoking the privilege must show that the two parties whose communications are at issue were married at the time of the conversation, an actual communication is at issue, and the communication was made in confidence. Either spouse can invoke the privilege.
The court explained that any communication that privately occurs between two spouses is generally presumed to be confidential and is therefore privileged. The presumption can be overcome, however, via a showing that the conversation was not in fact intended to be private, either because it took place in front of a third party or because the communicating spouse intended the information to be transmitted to a third party.
The court elaborated that a party invoking the privilege bears the burden of establishing that it applies to the subject case. As confidentiality is presumed, however, the party objecting to the invocation of the privilege bears the burden of offering evidence sufficient to defeat this presumption by demonstrating that the communication was not made in private.
In the subject case, the plaintiff was deposed regarding her father’s care. During her deposition, she invoked the spousal privilege with regard to a conversation she had with her husband about her father’s condition shortly before his death. The defendant objected, but the court ultimately found in favor of the plaintiff and upheld the privilege.
Meet with a Trusted Syracuse Medical Malpractice Lawyer
If you were injured by the negligence of a medical professional, you may be owed compensation, and you should speak to an attorney as soon as possible. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in helping people harmed by incompetent medical care in the pursuit of damages, and if you engage our services, we will advocate zealously on your behalf. You can contact us through our form online or by calling us at 833-200-2000 to set up a meeting.