Anita J. Howard v. Shelly R. Svoboda, M.D.

OPINION

LILLEHAUG, Justice.

The parties in this case seek an interpretation of Minn. Stat. § 595.02, subd. 5 (2016), which provides that when a patient waives the physician-patient privilege in a health care malpractice action, the waiver includes permission for “informal discussions” with health care providers. Although the issue presented is one of first impression, we cannot reach it. Instead, we must vacate the court of .appeals’ decision for lack of appellate jurisdiction under the Minnesota Rules of Civil Appellate Procedure.

I

On June 29, 2009, Anita Howard sought treatment at Noran…