Jimmy Franklin Mutter v. Honorable Sharolyn P. Wood

Oscar H. Mauzy, Justice This mandamus proceeding arises out of a medical malpractice action. The trial judge, Honorable Sharolyn
P. Wood, ordered the Mutters to sign and authorization permitting the defendant-hospital's attorney to discuss the medical
care and treatment of their deceased son with the treating physicians and health care providers. The authorization does not
require that the physicians talk with the hospital's attorney but "removes any claim of privilege" the Mutters might have.
Under the particular facts of this case, we hold that the trial court abused its discretion in ordering the Mutters to sign
the authorization. Accordingly, we conditionally grant the writ of mandamus. The authorization that the Mutters were ordered to sign completely waives the physician-patient privilege as to all physicians
who provided care or treatment. Moreover, it provides no reasonable method to allow the Mutters to preserve whatever claims
of privilege they might have because it would effectively allow defendant's counsel to question the physicians outside the
presence of plaintiffs' counsel. Such an authorization fails to properly balance the competing interest of the parties in
the underlying case.