Date: 09-29-2014

Case Style: Debra Duhn v. St. John Medical Center

Case Number: CJ-2011-2104

Judge: Carlos Chappelle

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Scott Allen

Defendant's Attorney: Jason Rush

Description: Tulsa, OK - Debra Duhn sued St. John Medical Center on a medical negligence (medical malpractice) theory.

This is a case involving allegations of medical negligence. Debra Duhn (“Plaintiff’) alleges that she was injured during the course of a mammogram performed at SJMC on or about October 4, 2010. See Petition, attached hereto as Exhibit A. In addition to claiming damages related to physical injuries, Plaintiff claimed that she suffered “mental anguish” as a result of her injuries. Id. at p. 2. She further stated that her “whole private life has been impacted by this event” and that her “body image is compromised.” See Plaintff’s Discovery Responses, attached hereto as Exhibit B, p. 5.
In order to investigate Plaintiffs allegations, SJMC needs access to Plaintiffs medical records and the ability to meet with willing healthcare providers to discuss their care and treatment of Plaintiff. As discussed below, any claims of physician-patient privilege are waived when a decedent’s physical or mental condition(s) or history are placed at issue by the filing of a lawsuit. However, medical providers are wary of disclosing protected health information without a valid HIPAA authorization given the steep penalties associated with a wrongful disclosure.
One of the means by which providers can be authorized to disclose medical records is a valid Court Order. SJMC seeks this Court’s assistance in obtaining a copy of Plaintiffs relevant medical and mental health records, protected health information, and permission to speak to willing healthcare providers as provided for by the case law cited below as a means of evaluating her claims. SJMC respectfully requests that the Court enter an Order granting the same.

DEBRA DUHN, Plaintiff-Appellant,
v.
ST. JOHN MEDICAL CENTER, INC., d/b/a/ St. John Medical Center, Defendant-Appellee.

ORDER OF SUMMARY DISPOSITION

¶1 Rule 1.201 of the Oklahoma Supreme Court Rules provides that "[i]n any case in which it appears that a prior controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision." Okla. S. Ct. Rule 1.201.

¶2 After reviewing the record in this case, THE COURT FINDS that our recent decisions in Wall v. Marouk, 2013 OK 36, ___P.3d___ and Douglas v. Cox Retirement Props., 2013 OK 37, ___P.3d___, dispose of the issues in this case.

¶3 IT IS THEREFORE ORDERED that the trial court's dismissal of this case is reversed and the cause is remanded for further proceedings.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 27th day of June, 2013.

/S/CHIEF JUSTICE

COLBERT, C.J., REIF, V.C.J., KAUGER, WATT, EDMONDSON, COMBS, GURICH, JJ. - CONCUR

WINCHESTER & TAYLOR, JJ. - DISSENT

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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