Domako v. Rowe

*350Cavanagh, C.J.

We granted leave in this medical malpractice case to determine whether the physician-patient privilege was violated when defense counsel conducted an ex parte interview with the injured plaintiff’s treating physician. We have concluded that no violation occurred, and we affirm the judgment of the Court of Appeals.

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Joseph Rowe, M.D., performed a total abdominal hysterectomy and a right salpingo-oophorectomy (removal of fallopian tube and ovary) on Carol Domako. There was a large fibroid tumor on the lower anterior of Domako’s uterus. Domako was discharged from the hospital on…