Landelius v. Sackellares

The pivotal issue in these cases is whether a defendant who discloses his medical records in an automobile-negligence action may later assert the physician-patient privilege of MCL 600.2157; MSA 27A.2157 in a related lawsuit to which he is not a party. We hold that, in these circumstances, the defendant is estopped to assert the privilege with regard to medical records previously disclosed.

i

In October 1988, Peter L. Rafko lost control of his car on a Monroe street and struck seven-year-old Joseph Landelius. The child was severely and permanently injured.

Through a conservator, the child…