Friday, December 1, 2017

Medical Releases

State ex rel  Fennewald v. Hon. Patricia Joyce
533 S.W.3d 220  (Mo. 2017)

The Missouri Supreme Court granted a writ in prohibition to prevent a circuit judge from compelling release of "any and all" medical records in a wrongful death action. 

Various medical providers were sued for wrongful death related to metastatic colon cancer.  The medical providers sought a release of any and all records not only related to the colon cancer but to all records, all lab reports, all radiology, all pharmacy, all billing records and all documents including mental health, HIV-related information and drug or alcohol abuse. 

The court noted that a party is entitled to discover those medical records that relate to the physical condition at issue under the pleadings, and the authorization should track plaintiff's allegation of injury in the petition and should be tailored to the pleadings which can be determined on a case by case basis.  The physician-patient privilege impacts both the scope of permissible authorization and the process of determining the records to be produced.  The request for "limitless" records and world-wide authorizations not directed to specific providers further create the potential release of information that remains privileged. 


State ex rel Williams v Munton, 531 S.W.3d 643 (Mo. App. 2017) (S.D.)

The court of appeals  prohibited a trial court from enforcing a subpoena compelling the release of plaintiff's prescription records for 6 years prior to ah accident in which a partially raised truck bed crushed him after the interlock switch was touched.  The court found claimant's cognitive function was an issue in dispute a to the cause of the accident which permitted discovery regarding use of prescription medication, but the scope of waiver applied only to the use at or near the event.