Mich. Comp. Laws § 600.2157

Physician-patient privilege; waiver.

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.2157 Physician-patient privilege; waiver.

Sec. 2157.

Except as otherwise provided by law, a person duly authorized to practice medicine or surgery shall not disclose any information that the person has acquired in attending a patient in a professional character, if the information was necessary to enable the person to prescribe for the patient as a physician, or to do any act for the patient as a surgeon. If the patient brings an action against any defendant to recover for any personal injuries, or for any malpractice, and the patient produces a physician as a witness in the patient's own behalf who has treated the patient for the injury or for any disease or condition for which the malpractice is alleged, the patient shall be considered to have waived the privilege provided in this section as to another physician who has treated the patient for the injuries, disease, or condition. If a patient has died, the heirs at law of the patient, whether proponents or contestants of the patient's will, shall be considered to be personal representatives of the deceased patient for the purpose of waiving the privilege under this section in a contest upon the question of admitting the patient's will to probate. If a patient has died, the beneficiary of a life insurance policy insuring the life of the patient, or the patient's heirs at law, may waive the privilege under this section for the purpose of providing the necessary documentation to a life insurer in examining a claim for benefits.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1989, Act 102, Eff. Sept. 1, 1989 ;-- Am. 1995, Act 205, Imd. Eff. Nov. 29, 1995

Notes of Decisions

Cited in 99 cases (5 in the last 5 years), 1964–2024 · leading case: Holman v. RASAK

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Holman v. RASAK (2010) mich · cites it 24× “It provides, in relevant part: Except as otherwise provided by law, a person duly authorized to practice medicine or surgery shall not disclose any information that the person has acquired in attending a patient in a professional character, if the information was necessary to…”

Dorris v. Detroit Osteopathic Hospital Corp. (1999) mich · cites it 18× “Among the exceptions recognized by the Legislature is the physician-patient privilege, which states, in pertinent part: Except as otherwise provided by law, a person duly authorized to practice medicine or surgery shall not disclose any information that the person has acquired…”

Meier v. Awaad (2013) michctapp · cites it 16× “In a separate protective order, the trial court restricted access to the requested patient list, set forth the permissible uses of the patient information, required the information to be maintained in a secure location, and authorized plaintiffs’ counsel to contact individual…”

People v. Watkins; People v. Pullen (2012) mich · cites it 2× “34 MCL 600.2157. 35 MCL 767.5a(2). 36 MCL 600.”

Swickard v. Wayne County Medical Examiner (1991) mich · cites it 4× “] The physician-patient privilege is set out in MCL 600.2157; MSA 27A.2157: Except as otherwise provided by law, a person duly authorized to practice medicine or surgery shall not disclose any information that the person has acquired in attending a patient in a professional…”

People v. Fernandez (1986) mich · cites it 4× “236 of the Public Acts of 1961, being section 600.2157 of the Michigan Compiled Laws, the file of a prisoner granted a parole under this subsection shall be a public record.”

People v. Keskimaki (1994) mich · cites it 6× “) The defendant argues that the trial court erred in denying his motion to suppress the results of a blood-alcohol test because this information is inadmissible under the physician-patient privilege found in MCL 600.2157; MSA 27A.2157. I disagree. To the extent the…”

Isidore Steiner, DPM, PC v. Bonanni (2011) michctapp · cites it 15× “DISCUSSION Plaintiff argues that the trial court erred by holding that the names, addresses, and telephone numbers of the nonparty patients that defendant allegedly wrongfully took from plaintiff are privileged and protected from disclosure by Michigan law, under MCL 600.2157…”

People v. Odom (2007) michctapp “5131(1) and (2); MCL 600.2157. 33 MCL 333.5131(1). 34 MCL 333.”

Domako v. Rowe (1991) mich · cites it 2× “At the time of the proceedings in this case, MCL 600.2157; MSA 27A.2157, provided: No person duly authorized to practice medicine or surgery shall be allowed to disclose any information which he may have acquired in attending any patient in his professional character, and which…”

Landin v. Healthsource Saginaw, Inc. (2014) michctapp “[MCL 600.2157.] The physician-patient privilege is an absolute bar that prohibits the unauthorized disclosure of patient medical records, including when the patients are not parties to the action.”

Thomas v. 1156729 Ontario Inc. (2013) mied · cites it 4× “Medical privilege under state law Michigan law recognizes a privilege that requires a physician to refrain from “diselos[ing] any information that the person has acquired in attending a patient in a professional character, if the information was necessary to enable the person to…”

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