State Ex Rel. Husgen v. Stussie

REINHARD, Judge.

This is an original proceeding in mandamus. The issue presented is whether a party in a dissolution of marriage proceeding, who seeks custody of the children, can utilize the statutory physician-patient privilege to block discovery of medical evidence relating to that party’s present and past history of psychiatric treatment.

This proceeding in mandamus emanates from a dissolution of marriage proceeding involving the custody of three unemanci-pated minor children. The petitioner-wife in her petition for dissolution of marriage alleged that her husband had committed assault upon…