Gaertner v. State of Michigan

This case involves the question whether a state hospital may lawfully bar the legal representative of a patient from access to that patient’s hospital records on the basis of MCLA § 600-.2157 (Stat Ann 1962 Rev § 27A.2157) making those records confidential. The Attorney General contends for non-access to such records as a protection to hospital physicians against loss of licensure, suit or prosecution for violation of the aforesaid statutory provisions.

Plaintiff, a guardian of a mentally incompetent minor, successfully sought to enjoin the State of Michigan and its agents from interfering…