Higginbotham v. Jackson

Supreme Court of Oklahoma

Higginbotham v. Jackson

869 P.2d 319, 1994 WL 66913

CourtSupreme Court of Oklahoma

DecidedFebruary 22, 1994

Docket82567

StatusPublished

Cited by5 cases

This text of 869 P.2d 319 (Higginbotham v. Jackson) 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.

Bluebook

Higginbotham v. Jackson, 869 P.2d 319, 1994 WL 66913 (Okla. 1994).

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Opinion

ORDER

Original jurisdiction is assumed. Writ issued prohibiting Niles Jackson, District Judge, Oklahoma County, or any other assigned Judge from enforcing the order filed November 10, 1993 in Cause No. CJ-93-6324-65 on the docket of the District Court, Oklahoma County, styled Johnny Higginbotham, et al. v. Cox Cable of Oklahoma City, Inc. There is no statutory discovery method contained in the Oklahoma Discovery Code that requires a plaintiff in a personal injury lawsuit to execute in favor of the defendant a general medical authorization entitling defendant to obtain all of plaintiffs medical records. 12 O.S. § 2503(D)(3) qualifies the physician/patient privilege “to the extent that an adverse party in said proceeding may obtain relevant information regarding said condition by statutory discovery.” 76 O.S.1991 § 19(B) applies only to medical malpractice plaintiffs.

/s/ Ralph B. Hodges Chief Justice

LAVENDER, V.C.J., and HARGRAVE, OPALA, ALMA WILSON, KAUGER, SUMMERS and WATT, JJ., concur.

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ORDER

Original jurisdiction is assumed. Writ issued prohibiting Niles Jackson, District Judge, Oklahoma County, or any other assigned Judge from enforcing the order filed November 10, 1993 in Cause No. CJ-93-6324-65 on the docket of the District Court, Oklahoma County, styled Johnny Higginbotham, et al. v. Cox Cable of Oklahoma City, Inc. There is no statutory discovery method contained in the Oklahoma Discovery Code that requires a plaintiff in a personal injury lawsuit to execute in favor of the defendant a general medical authorization entitling defendant to obtain all of plaintiffs medical records. 12 O.S. § 2503(D)(3) qualifies the physician/patient privilege “to the extent that an adverse party in said proceeding may obtain relevant information regarding said condition by statutory discovery.” 76 O.S.1991 § 19(B) applies only to medical malpractice plaintiffs.

/s/ Ralph B. Hodges Chief Justice

LAVENDER, V.C.J., and HARGRAVE, OPALA, ALMA WILSON, KAUGER, SUMMERS and WATT, JJ., concur.

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Bluebook (online)

869 P.2d 319, 1994 WL 66913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higginbotham-v-jackson-okla-1994.

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