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STATE EX REL. LAMBDIN v. BRENTON

No. 69-28.

21 Ohio St. 2d 21 (1970)

THE STATE, EX REL. LAMBDIN, v. BRENTON, JUDGE.

Supreme Court of Ohio.

Decided January 7, 1970.

Attorney(s) appearing for the Case

Messrs. Baggott & Ernst, for relator.

Mr. Lee C. Falke, prosecuting attorney, Mr. Paul J. Fleischauer, Mr. Larry A. Smith and Mr. Gary L. Froelich, for respondent.

Per Curiam.

This is an action in prohibition originating in this court.

The basic question raised by this action is whether a plaintiff in a personal injury action waives the physician-patient privilege provided in Section 2317.02, Revised Code, by the commencement of his action, so as to empower the Common Pleas Court to order him to turn over to the defendant hospital records and medical reports made...

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