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DUNCAN v. COLE

No. 89-233.

786 S.W.2d 587 (1990)

302 Ark. 60

J. Shelby DUNCAN, M.D., Petitioner, v. The Honorable John W. COLE, Circuit Judge, Saline County Circuit Court, Respondent.

Supreme Court of Arkansas.

April 2, 1990.

Attorney(s) appearing for the Case

Laura A. Hensley, C. Tab Turner, Guy Alton Wade, Little Rock, for petitioner.

Charles R. Hicks and George R. Wise, Jr., Little Rock, for respondent.

ROBERT T. DAWSON, Special Chief Justice.

The petitioner is the defendant in a medical malpractice action pending in Saline County. The plaintiff in that action filed a motion to prohibit ex-parte communications between the attorney for the petitioner and the treating physician based upon the physician-patient privilege of A.R.E. Rule 503. The petitioner contended below that any privilege that had existed was waived by the filing of the medical malpractice action....

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