State ex rel. Lutman v. Honorable Baker
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The Supreme Court made permanent a preliminary writ of prohibition it issued to prevent the release of Darin Lutman's medical records, holding that the circuit court erred in ordering the release of the records because they were protected by the physician-patient privilege.
A vehicle driven by Lutman crossed the centerline on a Missouri highway and struck a vehicle driven by Sondra Murrell, who died. Plaintiffs filed a wrongful death suit against Lutman. After Plaintiffs filed notices of depositions and subpoenas for Lutman's medical records with Compass Health Network and Missouri Psychiatric Center, Lutman filed a motion to quash, arguing that the requested information was protected by the physician-patient privilege. The circuit court overruled Lutman's motion to quash. Lutman then filed a petition for a writ of prohibition. The Supreme Court granted the writ, holding that Lutman did not waive the physician-patient privilege and that the circuit court erred in ordering the disclosure of his medical records.
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