Holman v. Rasak

In this medical-malpractice action, defendant appeals by leave granted the circuit court’s order denying his motion for a qualified protective order to allow him to conduct an ex parte interview with the decedent’s treating physician. We reverse and remand.

Plaintiff filed this wrongful-death medical-malpractice action alleging that defendant had failed to properly diagnose or treat plaintiffs decedent, Linda Clippert, thereby proximately causing her death. Defendant sought to interview Clippert’s treating physician, but plaintiff refused to waive Clippert’s confidentiality rights under the…