Hartmann v. Nordin

Pursuant to C.A.R. 21, we exercised jurisdiction over this original proceeding to determine whether plaintiffs in a medical malpractice action may assert the physician-patient and spousal privileges to prevent defense deposition questions regarding their own and their close family members' medical history that bears upon the injuries and damages that are at issue in this lawsuit.1

*46The plaintiff/wife in the underlying medical malpractice action, Mrs. Hartmann, is incapacitated. Her husband, Mr. Hartmann, maintains this lawsuit in her name as guardian and conservator, pursuant to a ruling of the…