D. Dudley Capron, Respondent v. J. Wallace Douglass, Appellant

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that the trial court erred in excluding Dr. Fred J. Douglass's testimony as cumulative and that the plaintiff waived the physician‑patient privilege both by allowing Dr. Glass to testify and by fully disclosing his condition in his complaint and testimony. The Court further held that a waiver of the privilege with respect to one surgeon operates as a waiver with respect to another surgeon who assisted in the same operation.