The Law Office of Kurt H King

November 18, 2013

Error to Order Plaintiff to Authorize Ex Parte Communications with Treating Physician

Missouri courts clearly hold that it is error for a trial court to order the plaintiff to sign an authorization consenting to ex parte communications with his treating physician.

See Judge Van Amburg’s opinion in State of Missouri ex rel. John Joseph Camillo and Mignon Chismarich v. Honorable James Beck, Slip Opinion ED100427 (October 15, 2013).

Of note:  “An authorization compelled in the course of litigation must be narrowly tailored to protect against ‘the potential risks to the physician-patient relationship’ inherent in the disclosure of confidential medical information.  [Citation omitted.]  Vague, broad, or open-ended authorizations simply will not do.”

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

Personal Injury, Workers’ Compensation, Chapter 7 Bankruptcy, Family Law

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