State ex rel. Holman v. Dayton Press, Inc.

R.C. 2317.02 states:

“The following persons shall not testify in certain respects:

* *

“(B) A physician concerning a communication made to him by his patient in that relation or his advice to his patient but the physician may testify by express consent of the patient * * * or if the patient voluntarily testifies the physician may be compelled to testify on the same subject * * *.”

Appellants concede that appellee’s medical records are privileged pursuant to R.C. 2317.02(B). They nevertheless argue that the commission had authority for the actions and the order which are the focus of this…