Lake v. Steeves

ORDER

REID, United States Magistrate Judge.

On February 22, 1994, defendant filed a motion for an order granting ex parte interviews with treating physicians (Doc. 13-14). A response was filed on March 9, 1994 (Doc. 17).

The issue of ex parte interviews of treating physicians was first raised in this district, in the case of Colby v. Eli Lilly and, Company, No. 81-1542 (D.Kan. Dec. 15, 1982). In that opinion, Judge Crow held that the plaintiff had waived the physician-patient privilege by bringing an action in which her medical condition was an element of her claim. Under the Federal Rules of…