GIBSON v. BRONSON METHODIST HOSP.

Docket No. 95395, (Calendar No. 7).

445 Mich. 331 (1994)

517 N.W.2d 736

GIBSON v. BRONSON METHODIST HOSPITAL

Supreme Court of Michigan.

Decided June 7, 1994.


Attorney(s) appearing for the Case

Charfoos & Christensen, P.C. (by David R. Parker, David W. Christensen, and Mary Pat Rosen), for the plaintiffs.

Smith, Haughey, Rice & Roegge (by Jon D. Vander Ploeg) for defendant Bronson Methodist Hospital.

Bremer, Wade, Nelson, Lohr & Corey (by Michael D. Wade and Phillip J. Nelson) for defendant Hopkins.


LEVIN, J.

The question presented is whether MCR 2.314(B)(2), providing that a party who asserts that "medical information" is subject to a privilege may not thereafter introduce evidence of the patient's physical condition, applies where the physician-patient privilege is asserted at a deposition. We hold that the sanction does not apply where the privilege is asserted at a deposition, and that the circuit court erred in dismissing plaintiff's complaint.

We...

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