Brown v. Blevins, 91731.
| Decision Date | 21 September 1998 |
| Docket Number | No. 91731.,91731. |
| Citation | 1998 OK 104,968 P.2d 1218,69 OBJ 3611 |
| Parties | Karen S. BROWN, Petitioner, v. The Honorable James B. BLEVINS, District Court Judge of Oklahoma County, Respondent. |
| Court | Oklahoma Supreme Court |
Appeal from the District Court, Oklahoma County, James B. Blevins, J.
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.
All Justices Concur.
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...therapists and/or counselors" and to the discovery of the mental health care history, if any, of petitioners. Brown v. Blevins, 1998 OK 104, 968 P.2d 1218. See also Bain v. Superior Court, 148 Ariz. 331, 714 P.2d 824, 828 WATT, C.J., HODGES, LAVENDER, HARGRAVE, KAUGER, SUMMERS, BOUDREAU, WI......