Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued April 2, 1991.
Decided September 6, 1991.
Attorney(s) appearing for the Case
Fieger & Fieger, P.C. (by Geoffrey N. Fieger and Dennis M. Fuller), for the plaintiffs.
Schureman, Frakes, Glass & Wulfmeier (by J. Kelly Carley) for the defendants.
Amici Curiae:
Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Susan Healy Zitterman and Linda M. Garbarino), for Michigan Hospital Association, Michigan Society of Hospital Attorneys, and Michigan Society of Hospital Risk Management.
Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by David J. Cooper and Rosalind Rochkind), for Association of Defense Trial Counsel.
Kerr, Russell & Weber (by Richard D. Weber, Catherine B. Edwards, and Patrick J. Haddad) for Michigan State Medical Society.
Kelman, Loria, Downing, Schneider & Simpson (by Morton E. Schneider and Charles Chomet) for Michigan Trial Lawyers Association.
Sullivan, Ward, Bone, Tyler, Fiott & Asher, P.C. (by Michelle A. Thomas), for William Beaumont Hospital, Henry Ford Health System, Lansing General Hospital, Bronson Hospital, Butterworth Hospital, Mid Michigan Regional Medical Center, and Blodgett Hospital.
Plunkett & Cooney, P.C. (by John P. Jacobs), for Michigan Defense Trial Counsel, Inc.
Supreme Court of Michigan.
CAVANAGH, C.J.
We granted leave in this medical malpractice case to determine whether the physician-patient privilege was violated when defense counsel conducted an ex parte interview with the injured plaintiff's treating physician. We have concluded that no violation occurred, and we affirm the judgment of the Court of Appeals.
I
Joseph Rowe, M.D., performed a total abdominal hysterectomy and a right salpingo...
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