Ellis v. Gurich
Decision Date | 06 May 2003 |
Docket Number | No. 99,032,99,032 |
Parties | David ELLIS, M.D. and Jane Ellis, individually and as surviving parents and next friend of Daniel Ellis, deceased, Petitioners, v. The Honorable Noma D. GURICH, Judge of the District Court of Oklahoma County, Seventh Judicial District, et al., Respondents. |
Court | Oklahoma Supreme Court |
(1) the filing of a wrongful death action is not ipso facto a waiver of the psychotherapist-patient privilege held by a plaintiff pursuant to 12 O.S. 2001 § 2503. Higginbotham v. Jackson, 1994 OK 8, ¶ 0, 869 P.2d 319; Nitzel v. Jackson, 1994 OK 49. ¶ 1, 879 P.2d 1222, 1223; see also Avery v. Nelson, 1969 OK 75, ¶ 17, 455 P.2d 75, 79;
Let the writ issue, prohibiting the respondent-judge, or any other assigned judge, in the underlying action, cause No. CJ-2002-3271, on the docket of the District Court, Oklahoma County, from enforcing the order, filed on March 25, 2003, to the extent that it "relates to discovery of psychiatrists, psychologists, 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 (Ariz.1986
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