New York Hospital Is Ordered to Release Abortion Records

Saturday, March 20, 2004
By Eric Lichtblau

New York Times Writer

Judge Casey said the records were not covered by federal laws governing medical privacy because the hospital could delete information that identified the women who received abortions. The judge also rejected the hospital's argument that turning over the records would be an "undue burden" and could prompt "anger and mistrust of its patients, and damage to its reputation."

NYT
A federal judge in Manhattan has ordered New York-Presbyterian Hospital to turn over to the Justice Department records on abortions performed there, saying the disclosure would not unduly harm the hospital or the privacy of its patients.

The ruling, issued on Thursday by Judge Richard Conway Casey of Federal District Court, conflicts with the interpretations of judges in other jurisdictions and creates further uncertainty about the limits of patients' medical privacy.

Federal judges in Chicago and San Francisco have refused in recent weeks to order clinics and hospitals to turn over the abortion records sought by the Justice Department, and legal analysts said the Supreme Court might ultimately have to review the issue because of the conflicting interpretations.

New York-Presbyterian, which includes hospitals at Columbia-Presbyterian Center and New York Weill Cornell Center, said it was considering an appeal of Judge Casey's order.

(More: NYTimes.com / National)

2004 © The New York Times Company.

Dan