REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2912f Waiver of privilege; permissible communication; disclosure not as violation of law.
Sec. 2912f.
(1) A person who has given notice under section 2912b or who has commenced an action alleging medical malpractice waives for purposes of that claim or action the privilege created by section 2157 and any other similar privilege created by law with respect to a person or entity who was involved in the acts, transactions, events, or occurrences that are the basis for the claim or action or who provided care or treatment to the claimant or plaintiff in the claim or action for that condition or a condition related to the claim or action either before or after those acts, transactions, events, or occurrences, whether or not the person is a party to the claim or action.
(2) Pursuant to subsection (1), a person or entity who has received notice under section 2912b or who has been named as a defendant in an action alleging medical malpractice or that person's or entity's attorney or authorized representative may communicate with a person specified in section 5838a in order to obtain all information relevant to the subject matter of the claim or action and to prepare the person's or entity's defense to the claim or action.
(3) A person who discloses information under subsection (2) to a person or entity who has received notice under section 2912b or to a person or entity who has been named as a defendant in an action alleging medical malpractice or to the person's or entity's attorney or authorized representative does not violate section 2157 or any other similar duty or obligation created by law and owed to the claimant or plaintiff.
History: Add. 1993, Act 78, Eff. Apr. 1, 1994
Notes of Decisions
Cited in
4
cases, 2009–2020 · leading case:
Holman v. RASAK, 785 N.W.2d 98 (Mich. 2010).
Holman v. RASAK, 785 N.W.2d 98 (Mich. 2010).
· cites it 17× “2912f, [3] which provides *104 that a defendant in a medical malpractice action or the defendant's attorney or representative "may communicate" with persons or entities with respect to whom the plaintiff has waived the physician-patient privilege "in order to obtain all…”
Ligons v. Crittenton Hosp., 803 N.W.2d 271 (Mich. 2011).
· cites it 2× “The full provision stated: Except as otherwise provided in this subsection, in an action alleging medical malpractice, the court shall dismiss a claim not included in the notice required under [MCL 600.2912f]. This subsection does not apply to a claim that results from…”
Esselman v. Garden City Hosp., 772 N.W.2d 438 (Mich. Ct. App. 2009).
“This subsection does not restrict a health professional or health facility receiving notice under this section from communicating with other health professionals or health facilities and acquiring medical records as permitted in [MCL 600.2912f]. This subsection does not restrict…”
Barbara Sampson v. Shorepointe Nursing Ctr. (Mich. Ct. App. 2020).
“Defense counsel were statutorily permitted to “communicate” with her treating physicians “in order to obtain all information relevant to the subject matter of the claim or action,” MCL 600.2912f(2), and to do so ex parte. Domako v Rowe, 438 Mich 347 ; 475 NW2d 30 (1991).”
— Mich. Comp. Laws § 600.2912f(2) — 2 cases
Holman v. RASAK, 785 N.W.2d 98 (Mich. 2010).
“2912f, [3] which provides *104 that a defendant in a medical malpractice action or the defendant's attorney or representative "may communicate" with persons or entities with respect to whom the plaintiff has waived the physician-patient privilege "in order to obtain all…”
Barbara Sampson v. Shorepointe Nursing Ctr. (Mich. Ct. App. 2020).
“Defense counsel were statutorily permitted to “communicate” with her treating physicians “in order to obtain all information relevant to the subject matter of the claim or action,” MCL 600.2912f(2), and to do so ex parte. Domako v Rowe, 438 Mich 347 ; 475 NW2d 30 (1991).”
— Mich. Comp. Laws § 600.2912f(3) — 1 case
Holman v. RASAK, 785 N.W.2d 98 (Mich. 2010).
“2912f, [3] which provides *104 that a defendant in a medical malpractice action or the defendant's attorney or representative "may communicate" with persons or entities with respect to whom the plaintiff has waived the physician-patient privilege "in order to obtain all…”
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