(Download) "Johnson v. Dist. Court of Oklahoma County" by South Carolina Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Johnson v. Dist. Court of Oklahoma County
- Author : South Carolina Supreme Court
- Release Date : January 02, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
1 Petitioner, Coise Y. Johnson, brought a medical malpractice action against respondents, real parties in interest, Michael Seikel, M.D. and Fenton M. Sanger, M.D., alleging that the malpractice of these defendants had caused the death of petitioners son. The defendant physicians presented a motion to respondent district court requesting a finding that the physician/patient privilege concerning any communication made to any health care provider or physician concerning the matter in controversy had been waived pursuant to 76 O.S.Supp. 1985 ? 19 (B). This motion also sought authority to conduct discovery by ex parte communications with petitioners physicians. The trial court entered an order finding the privilege waived and required discovery by ex parte communication. Petitioner concedes the waiver of the physician/patient evidentiary privilege under the auspices of section 19(B), but argues that neither that section nor any other provision authorizes discovery by ex parte communication as ordered by respondent district court. Petitioner seeks assumption of original jurisdiction and relief by writ of prohibition from the alleged excess of the district courts exercise of discretionary authority.
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