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eBook details

• Title: State Missouri Ex Rel. Francis E.
• Author : Eastern District, Writ Division Seven Court of Appeals of Missouri
• Release Date : January 15, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Writ of Prohibition Relators, Francis E. O'Donnell, Jr., M.D. and O'Donnell Eye Institute, Inc. (hereinafter collectively ""Clinic""), seek a writ of prohibition to prevent Respondent from enforcing a Judgment and Order of Delivery in Replevin directing the sheriff to take possession of certain medical records and deliver them to Dr. James S. Floerchinger, M.D. (""Doctor""), Clinic's former employee and plaintiff in the underlying suit. We dispense with further briefing and argument and hold that, absent a request by the patient, Doctor has not established a superior right to possession of medical records of patients treated by Doctor while employed by Clinic. Accordingly, we order that our preliminary writ of prohibition heretofore issued now be made permanent and direct Respondent to amend his order as provided herein . The underlying action is a suit in ten counts instituted by Doctor against Clinic. All counts arise out of Doctor's termination of his employment by Clinic. Count X is a claim in replevin seeking possession of medical records of patients seen by Doctor prior to and/or during his employment by Clinic. This count was the subject of a separate hearing which resulted in the judgment that is the subject of this proceeding.

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