Hageman v. Southwest General Health Center

{¶ 28} I respectfully dissent.

{¶ 29} In today’s opinion, the plurality takes a step away from the independent tort that the court recognized in Biddle v. Warren Gen. Hosp. (1999), 86 Ohio St.3d 395, 715 N.E.2d 518, and recognizes a new tort creating liability on the part of opposing counsel for use of medical records received pursuant to a properly issued subpoena when a patient waived the physician-patient privilege. This holding constitutes a usurpation of the role of the legislative branch of government and amounts to judicially legislating from the bench.

{¶ 30} Notably, in Biddle, the…