State ex rel. Kimberly Barks, Relator Missouri Cases

Kimberly Barks sought a writ of prohibition to prevent the disclosure of her medical records in a personal injury lawsuit where she was accused of negligent golf cart operation while intoxicated. The circuit court ordered the release of her medical records, finding she waived the physician-patient privilege by asserting affirmative defenses of comparative fault and assumption of risk. The Missouri Supreme Court made its preliminary writ of prohibition permanent, holding that Barks did not waive the privilege because her affirmative defenses were purely defensive and did not voluntarily place her medical condition at issue.