Steinberg v. Jensen

Although I agree with the mandate of the court, I write separately to emphasize that State ex rel. Klieger v. Alby, 125 Wis. *4802d 468, 373 N.W.2d 57 (Ct. App. 1985), erroneously-concluded that the physician-patient privilege is not waived upon commencement of a lawsuit. The rule prohibiting ex parte communications between an attorney and an opposing party's physician regarding the medical information of the opposing party must be based upon public policy considerations and not upon the discovery rules under ch. 804, Stats., or the rules of evidence under ch. 905, Stats.

In Klieger, a medical…