In Re Kelley Bailey and Michael Bailey, Plaintiffs v. Mark Hermacinski, M.d.; Leslie Ahlmeyer, M.d.; Mary Bowman…

Summary

The court held that non-party medical providers who treated the plaintiff after the defendants' alleged negligence were not necessarily "in consultation with" the defendants merely because they treated conditions arising from the same alleged negligence. Because there was no evidence of collective or collaborative care, the trial court abused its discretion by allowing ex parte interviews on that statutory basis. The court remanded for a determination whether the plaintiffs impliedly waived the privilege and, if so, whether safeguards were needed to protect residual privilege and prevent undue influence.