State ex rel. Kimberly Barks, Relator v. the Honorable Daniel Pelikan

Summary

The Missouri Supreme Court held that Kimberly Barks did not waive the physician‑patient privilege by pleading the affirmative defenses of comparative fault and assumption of risk, and therefore made the preliminary writ of prohibition permanent, barring the disclosure of her medical records. The Court relied on prior decisions that affirmative defenses are defensive and do not constitute a waiver of privilege.