Dierickx v. Cottage Hospital Corp.

393 N.W.2d 564 (1986)

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Dierickx v. Cottage Hospital Corp.

Michigan Court of Appeals
393 N.W.2d 564 (1986)

Facts

Barbara and George Dierickx (plaintiffs) sued Cottage Hospital Corporation (Cottage) (defendant) on behalf of themselves and their daughter, Deanna (plaintiff), alleging that Cottage’s medical malpractice had caused Deanna to suffer developmental issues. While the lawsuit was pending, the Dierickxes had two more daughters, Katie and Kimberly. Katie appeared healthy. However, Kimberly also began experiencing developmental issues. Due to an accident by a copy service, Cottage learned that Kimberly’s doctors suspected that Kimberly’s and Deanna’s symptoms were caused by a shared genetic disorder. Cottage requested (1) copies of Katie’s and Kimberly’s medical records and (2) medical examinations of Katie and Kimberly to get information about this possible cause of Deanna’s symptoms. The Dierickxes refused to provide the records, claiming that they were protected by the physician-patient privilege. The Dierickxes also would not consent to allow Cottage to examine Katie or Kimberly. Cottage moved to compel the documents and the medical examinations, but the trial court denied the motion. Cottage appealed the denial to the Michigan Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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