Brown v. Blevins
This text of 1998 OK 104 (Brown v. Blevins) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ORDER
Original jurisdiction is assumed. Art. 7 § 4, Okla. Const. Let the writ issue prohibiting the respondent/judge, or any other assigned judge, from giving any effect to or enforcing his order in the underlying cause, No. CJ-97-3993-62, District Court, Oklahoma County, by which the petitioner was found to have waived the physician /patient privilege. See Higginbotham v. Jackson, 1994 OK 8, 869 P.2d 319. “The privilege is waived only to the extent of the condition claimed to have been caused by the negligence of the tortfeasor.” Nitzel v. Jackson, 1994 OK 49, 879 P.2d 1222, 1223. The respondent/judge’s ruling, which is tantamount to an order requiring the petitioner to execute an unrestricted medical release, is unenforceable. See Dobson v. Edwards, 1998 OK 62, 958 P.2d 168; General Motors Acceptance Corp. v. Carpenter, 1978 OK 39, ¶ 10, 576 P.2d 1166, 1168.
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Cite This Page — Counsel Stack
1998 OK 104, 968 P.2d 1218, 69 O.B.A.J. 3611, 1998 Okla. LEXIS 113, 1998 WL 731187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-blevins-okla-1998.