In Re Estate of Baker

The issue in this case is whether a defendant in a personal injury action may, through a court order, force the plaintiff to execute a patients waiver authorizing defendants counsel to communicate privately with and obtain medical information relevant to plaintiffs personal injury action from various health care providers. The plaintiff concedes that by bringing the action for her injuries she has waived her statutory physician-patient privilege as it relates to the condition alleged. She maintains, however, that her action for injuries does not waive the confidential nature of her earlier medical history and that she has a right to be present to protect this interest and should not be compelled to waive this right. The trial court denied a motion to compel the plaintiff to execute such a waiver. We granted movants application for interlocutory appeal. We affirm.