The Honorable M. Brandon Baker Missouri Cases

Darin Lutman sought a writ of prohibition to prevent the release of his medical records from two health networks, arguing they were protected by physician-patient privilege. The circuit court had ordered the disclosure of these records in a wrongful death and personal injury suit filed against Lutman after a fatal auto accident. The Missouri Supreme Court made its preliminary writ of prohibition permanent, holding that Lutman's statements to police and in an apology letter did not constitute an implied waiver of the privilege, as they did not show a clear, unequivocal purpose to divulge confidential medical information. The Court also clarified that a writ of prohibition remains appropriate even if records have been disclosed, as a partial remedy can be ordered.