Opinion

Brown v. Blevins

  • 69 O.B.A.J. 3611
  • 968 P.2d 1218
  • 1998 OK 104
  • 1998 Okla. LEXIS 113
  • 1998 WL 731187
Court
Supreme Court of Oklahoma
Filed
Sep 21, 1998
Status
Published
Cited by
1 cases
Authority
More cited than 49.6%

The opinion

ORDER

Original jurisdiction is assumed. Art. 7 § 4, Okla. Const. Let the writ issue prohibiting the respondent/judge, or any other assigned judge, from giving any effect to or enforcing his order in the underlying cause, No. CJ-97-3993-62, District Court, Oklahoma County, by which the petitioner was found to have waived the physician /patient privilege. See Higginbotham v. Jackson, 1994 OK 8 , 869 P.2d 319 . “The privilege is waived only to the extent of the condition claimed to have been caused by the negligence of the tortfeasor.” Nitzel v. Jackson, 1994 OK 49 , 879 P.2d 1222, 1223 . The respondent/judge’s ruling, which is tantamount to an order requiring the petitioner to execute an unrestricted medical release, is unenforceable. See Dobson v. Edwards, 1998 OK 62 , 958 P.2d 168 ; General Motors Acceptance Corp. v. Carpenter, 1978 OK 39, ¶ 10 , 576 P.2d 1166, 1168 .

All Justices Concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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