Charles Oakley and Madison Square Garden Networks disagree over MSG’s access to medical information related to Oakley’s reported injuries after the pair were forced to be removed from a chair at a 2017 New York Knicks sport.
U.S. District Judge Richard J. Sullivan ruled last week that Oakley should not be required to turn over medical information from an orthopedist or his connections with a therapist, but instead instructed Oakley to provide the complete name and contact details of a certified massage therapist who Oakley has only identified as” Darra.”
MSG contends that Oakley hasn’t sufficiently shared medical records that would support or refute his reported injuries. Therefore, the data is crucial to determine whether Oakley suffered the accidents that the law should treat, and if so, how severe those injuries were.

Eight years ago, when Oakley allegedly scuffled with MSG security staff and fell at a Knicks apartment game against the Los Angeles Clippers, he was escorted out. The event, which Oakley argues amounted to an assault, stemmed from the 6-foot-9 retired power forward’s longstanding conflict with Knicks owner James Dolan. Oakley, 61, made his NBA debut in the 1990s, but he has since criticized Dolan and claimed he has received less attention than another Knicks traditions.
Oakley cites three medical providers ( an orthopedist, psychotherapist and massage therapist ) as treating his alleged injuries. According to Sullivan, Oakley isn’t compelled to make those records because Oakley isn’t in possession of any medical information relating to the orthopedist. The orthopedist may be subpoenaed for the records by MSG, and MSG is petition Sullivan to compel the orthopedist to do so if the orthopedist declines. However, it wouldn’t be fair to Oakley, who has authorized the orthopedist to transfer information under the Health Insurance and Portability and Accountability Act, to forbid Oakley from turning over information that are in the treatment of the health care provider. According to court documents, the orthopedist hadn’t responded to the plea as of last quarter.
Regarding the psychiatrist, Sullivan noted that the U.S. Supreme Court has established that communications between a licensed therapist and a individual are typically exempt from compelled disclosure. When a plaintiff, such as Oakley, claims they have suffered what are known as “garden selection” or ordinary damages for emotional stress, the claimant does not waive the therapist luxury (otherwise, patients may not get needed therapy out of fear of losing potential legal arguments ). Since Oakley addressed a letter to Sullivan outlining that he only seeks “only gardening range damages” for psychological distress, Sullivan held that Oakley’s therapy records are protected by specialist privilege.

The position with Darra, the certified massage therapist, is more complicated. According to Oakley, Darra claims she is no longer in possession of documents from 2017, the time she treated him, and therefore doesn’t help. Sullivan didn’t get that outcome satisfactory. He wrote that” MSG need not accept Darra’s hearsay statement ( a statement made out of court ) that she no longer possesses Oakley’s medical information”. Sullivan further noted MSG “may test]Darra’s ] assertion, if it wishes, by serving on her a subpoena for documents”. But MSG didn’t complete that unless it knows Darra’s real name. By the close of business on January 14, Sullivan directed Oakley to deliver Darra’s complete name and contact information.