State Ex Rel. D.M. v. Hoester

RENDLEN, Chief Justice.

This proceeding in prohibition arises from a damage action for intentional tort. Relator D.M., defendant in the trial below, asserted the physician-patient privilege 1 and sought to preclude Respondent Judge Robert Hoester from ordering disclosure of the testimony and medical records of D.M.’s psychiatrist. Respondent argued that § 210.140, RSMo Cum.Supp.1983, 2 rendered inapplicable or suspended the privilege in such case.

In her petition for damages plaintiff K.M. alleges that she was repeatedly assaulted and sexually molested by her adoptive father D.M. over a number…