Med. Mut. of Ohio v. Schlotterer (Summary)

DISCOVERY OF MEDICAL RECORDS

Med. Mut. of Ohio v. Schlotterer, No. 2008-598 (Ohio June 3, 2009)

The Supreme Court of Ohio granted an insurance company’s motion for a qualified protective order thereby allowing discovery of patient medical records in order to investigate suspected fraudulent billing. The case arose after the insurance company had reviewed the physician’s billing reports and determined that the physician had been overpaid by $269,576. The insurance company then filed an action against the physician for fraud and breach of contract. To establish the extent of the fraudulent billing, the insurance company filed a motion for a qualified protective order thereby seeking the production of patient records. The physician argued that these documents were protected by the physician-patient privilege.

However, the court found that the certificates of coverage issued to each of the patients included language agreeing to the release of medical information. The court held that the patients’ consent was valid, because it was "voluntary, express, and reasonably specific in identifying to whom the information is to be delivered." Therefore, the court concluded that the patients had waived the physician-patient privilege and the insurance company was entitled to the discovery of these records.