Collins v. Bair

Petitioner is before this court on an application for transfer seeking review of the Appellate Court’s opinion in Collins v. Bair (1970), 252 N. E. 2d 448. It was there held that when a litigant “by way of complaint, counterclaim or affirmative defense, places in issue his physical or mental condition, then he automatically waives the privilege granted by the Act (the physician-patient privilege granted by Ind. Ann. Stat. §2-1714 [Fourth] (1968 Repl.)) as to all matters causally or historically related to the physical or mental condition in issue.” 252 N. E. 2d at 455. It is with this holding…