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Medical Malpractice

Guide to: Brandt v. Medical Defense Associates, 856 S.W.2d 667 (Mo. 1993)

What happened in Brant I?

What precipitated Brandt II?

Who are the defendants in Brandt II?

What happened at the trial court?

What did the appeals court do?

What kind of privilege does sec. 491.060(5) create and what is the extent of that privilege?

Is there a common law physician-patient privilege?

What are the common law privileges?

What are the 4 theories of recovery for improper disclosure of medical information?

What did the Hammonds court say about whether there should be a physician-patient privilege?

How are the different ways the legislature has recognized the physician's duty of confidentiality?

Does the court accept this fiduciary duty of confidentiality?

What is the remedy?

Does a breach entitle the patient to exclude the testimony in a malpractice case?

What is the implication of the ethical canons against disclosure? How can these be enforced?

Is this duty of confidentially absolute?

What is a McNutt waiver?

What is the Missouri policy on full versus partial waivers?

What is the policy behind doctrine?

What is the "shield and dagger" problem?

What kind of expert is a treating physician?

When is the treating physician an expert witness?

What is the plaintiff's contention as to the physician's duty?

Does the court buy this?

Is this any different for an expert witness?

What are other reasons for allowing ex parte contacts?

What did McCormick say?

Does this litigant waiver allow the physician to disclose everything he knows about the patient?

What would be off bounds?

Is this a good policy?

What affects does it have on the physician patient relationship?

Do physicians have to talk to defense counsel?

What would you advise your physician clients?

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