Torres v. City of New York
- Edgardo Ramos
- 1:19-cv-06332
- U.S. District Court · Southern District of New York
- 2
In Torres v. City of New York, Judge Ramos denied Torres’s motion to compel medical records because he had not been denied access.
Wilfredo Torres, who sought his Bellevue medical records, and New York City Health and Hospitals, whose counsel had provided a medical-release form.
What happened
In Torres v. City of New York, Wilfredo Torres, representing himself, sought medical records from Bellevue Hospital in connection with his claims about apartment raids and involuntary examinations.
The court said Torres could obtain his records himself or return a medical-release form so New York City Health and Hospitals could obtain them for him. Its counsel had sent the form and contacted Torres, but had not received a response.
Judge Ramos denied the motion to compel because Torres had not been denied his medical records. The court directed him to return the form by December 1, 2020, or obtain the records himself.
The detailed version
- Torres v. City of New York · No. 1:19-cv-06332
- Edgardo Ramos
- Nov. 17, 2020
Background
Wilfredo Torres, proceeding without a lawyer, filed claims against the City of New York, New York City Health and Hospitals (NYCHH), and several employees. He alleged that raids on his apartment and involuntary examinations at Bellevue Hospital violated his constitutional rights.
Motion to Compel
At a November 4, 2020 premotion conference, Torres requested production of his Bellevue medical records. The court explained that, because the records were his own, he could obtain them himself or return a medical-release form to NYCHH’s counsel so counsel could obtain them on his behalf. The court also directed NYCHH’s counsel to confer with Torres about completing the form.
Torres then moved to compel production of the records. NYCHH’s counsel reported that she had sent Torres a medical-release form with instructions for returning it and had called him, but had received neither the form nor another response.
Ruling
The court stated that Torres was presumptively entitled to his own medical records but had not been denied them. It therefore denied his motion to compel and found no need for further briefing. Judge Edgardo Ramos directed Torres to return the medical-release form to NYCHH’s counsel by December 1, 2020, or obtain his records himself.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.