Hodges v. Oak Tree Realtors, Inc.Annotate this Case
Plaintiff Emily Hodges alleged she was injured when the apartment balcony on which she and others were standing collapsed. Plaintiff alleged she suffered injuries to her spine, feet, right leg and hip, and right shoulder, for which she sought $325,000 in economic damages for past and future medical expenses and impaired earning capacity. She also sought $1,000,000 in noneconomic damages. Defendants Oak Tree Realtors, Inc., trustees of a family trust, and several individuals, deposed plaintiff and sought information about plaintiff’s discussions with her treating medical providers relating to her injuries. Plaintiff’s lawyer instructed her not to answer those questions, asserting the physician-patient privilege and that her answers would disclose communications she had had with her treating doctor. Defendants moved to compel answers to their questions regarding her discussions with treating doctors, contending that plaintiff’s communications with them were not protected by the physician-patient privilege. Accepting defendants’ argument that the communications fell within the exception in OEC 504-1(4)(b), the trial court ordered plaintiff to testify regarding communications with her treating doctor. Plaintiff then petitioned the Oregon Supreme Court for a peremptory writ of mandamus, seeking to have the trial court’s order vacated. The Supreme Court found the limitation in OEC 504-1(4)(b) applied only when the physical examination occurred under the authority provided in ORCP 44 and that, on this record, the limitation on the physician-patient privilege did not apply. Accordingly, the Court granted a peremptory writ of mandamus.