Gibson v. Bronson Methodist Hospital

The question presented is whether MCR 2.314(B)(2), providing that a party who asserts that "medical information” is subject to a privilege may not thereafter introduce evidence of the patient’s physical condition, applies where the physician-patient privilege is asserted at a deposition. We hold that the sanction does not apply where the privilege is asserted at a deposition, and that the circuit court erred in dismissing plaintiff’s complaint.

We are persuaded, however, that the sanction set forth in MCR 2.314(B)(2) should be made applicable where the physician-patient privilege is asserted…