Physician-patient Privilege Stands in Civil Lawsuit, Says Missouri Supreme Court

Missouri Lawyers Media

Even if they're relevant to a lawsuit, confidential medical records don't have to be released, the Missouri Supreme Court said.

The court issued the opinion last month in a wrongful death case, ruling that a man convicted of manslaughter does not have to release his health care records for discovery. In a unanimous opinion, Judge Patricia Breckenridge wrote that the physician-patient privilege still stands.

The fact that the privileged medical records may be relevant to a plaintiff's claim "does not mean that the medical records are discoverable," Breckenridge wrote.

In August 2004, William Stinson tried to pass Ricky Young on the highway when he struck his vehicle. Young died as a result of the crash, and his daughter, Shauna Young, filed a wrongful death suit against William Stinson, his parents and their automobile dealership. Stinson was traveling over 100 mph at the time of the accident, had been drinking and had a history of DWIs and manslaughter, according to Shauna Young's brief with the Supreme Court.

Stephen M. Glassman, of the Glassman Law Firm in St. Louis, represents Young. He said in an e-mail that Stinson's medical history could provide evidence for a claim against Stinson's parents.

The Missouri Court of Appeals Eastern District initially put a hold on the trial court's order for Stinson to sign an authorization releasing his medical records, Glassman said in a phone interview, but took it back after reviewing briefs submitted by both sides. Then, Stinson received a temporary order against the trial court by the Supreme Court, which was made permanent by the judgment.

Glassman said that the court's decision "expands the scope of the privilege" and that his client may file a motion for rehearing.

Theodore G. Pashos, an attorney in St. Charles, represents Stinson. He declined to comment on the ruling, citing the 15-day window for a motion to rehearing and saying that he hadn't yet sent the ruling to his client. Stinson is currently serving a 14-year sentence in a Pacific correctional center, according to the Missouri Department of Corrections website.