Dahlton v. Kyser

In a wrongful death claim, beneficiaries are not parties and therefore cannot be compelled to produce privileged medical information relating only to their own treatment arising from loss of decedent's society and companionship.

Plaintiff-relator brought a wrongful death suit for her baby’s death seeking damages for the beneficiaries’ loss of decedent’s society and companionship.  Defendants moved to compel plaintiff-relator’s medical and psychological records related to the alleged damages, the trial court granted the order, and plaintiff-relator filed a petition for writ of mandamus.  Plaintiff-relator argued that statutory beneficiaries in wrongful death actions are not parties within the meaning of ORCP 44 C, and because the only injury at issue is the decedent’s death, plaintiff-relator’s medical records were privileged.  The defendant-adverse party argued that in wrongful death cases, the statutory beneficiaries are real parties in interest because they will receive compensation and therefore ORCP 44 C applies, allowing for the discovery of the beneficiaries’ medical records.  In a wrongful death claim, beneficiaries are not parties and therefore cannot be compelled to produce privileged medical information relating only to their own treatment arising from loss of decedent's society and companionship.   On review, the Court determined that despite the mother’s dual status as relator and beneficiary, the lower court erred when requiring the production of the mother’s privileged medical records relating to her treatment as a result of losing the decedent.  Writ of Mandamus issued.