Leopold v. Ace Doran Hauling & Rigging Co.

Summary

The Supreme Court of Ohio held that the physician-patient testimonial privilege did not protect statements Danielle Laurence made to emergency-room personnel concerning a motor-vehicle accident. Under R.C. 2317.02(B)(1)(a)(iii) and (B)(3)(a), the privilege did not apply because Laurence filed a cross-claim, and the statements related causally or historically to injuries relevant to the civil action. The court affirmed the judgment denying her request for a protective order.

Holdings

1. Under R.C. 2317.02(B)(1)(a)(iii), the physician-patient testimonial privilege does not apply when the patient files any type of civil action, including a contribution or indemnification cross-claim.
2. When the privilege does not apply under R.C. 2317.02(B)(1)(a)(iii), a physician may testify or be compelled to testify or submit to discovery only concerning communications that relate causally or historically to physical or mental injuries relevant to the other civil action.

Questions Presented

1. Whether the physician-patient testimonial privilege under R.C. 2317.02 protected Laurence's medical records and statements after she filed contribution or indemnification cross-claims in a civil action arising from the same accident.
2. Whether, when the statutory exception to the physician-patient privilege applies, the physician may testify or be compelled to provide discovery concerning communications causally or historically related to injuries relevant to the other civil action.

Disposition

affirmed