Avery v. Nelson

LAVENDER, Justice:

In this original proceeding for a writ of prohibition and/or mandamus against the respondent trial judge we are asked to hold that where one files a damage suit in which he seeks to recover for certain personal injuries that he thus voluntarily injects his physical condition in the case as an issue and thereby waives the privilege against disclosure of the physician-patient communications protected by 12 O.S. 1961, § 385(6).

The statute involved provides in part:

“The following persons shall be incompetent to testify:

“6. A physician or surgeon concerning any communication made…