Leopold v. Ace Doran Hauling & Rigging Co., 136 Ohio St. 3d 257

March 6, 2008 multi-vehicle crash injured Danielle Laurence; she told ER personnel how the collision occurred and was treated at MetroHealth.
Laurence sued Stillwagon and Ace Doran in 2008 for personal injuries and produced medical records in discovery; she later voluntarily dismissed that suit.
In a later suit by the Leopolds arising from the same accident, Laurence was added as a defendant and filed cross-claims against Stillwagon and Ace Doran for contribution/indemnification; defendants cross-claimed against her.
Laurence moved for a protective order to prevent use of her 2008 medical records, arguing the physician–patient privilege was not waived for the new litigation; the trial court denied the motion.
The Eighth District affirmed; the Ohio Supreme Court accepted discretionary review and affirmed on statutory grounds, concluding statutory exceptions to the physician–patient privilege applied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prior production of medical records in related litigation waives the physician–patient privilege for later litigation arising from the same accident	Laurence: prior disclosure in a dismissed suit does not waive privilege for subsequent litigation; waiver (if any) should be case-limited (relying on Hageman)	Stillwagon/Ace Doran: Laurence waived the privilege by producing records in earlier litigation involving the same defendants and accident; records may be used in related suits	The Court held statutory exceptions to the privilege applied: R.C. 2317.02(B)(1)(a)(iii) and (B)(3)(a) permit compelled testimony or discovery of communications that relate causally or historically to injuries relevant to the later civil action, so the privilege did not protect Laurence’s ER statement

Hageman v. Southwest Gen. Health Ctr., 119 Ohio St.3d 185 (2008) (holding waiver of medical confidentiality for litigation is generally limited to the litigation in which records were disclosed and emphasizing protection of medical privacy)
Biddle v. Warren Gen. Hosp., 86 Ohio St.3d 395 (1999) (recognizing strong public policy favoring confidentiality of medical information)