in balancing the interests at stake to conclude limited disclosure of confidential mental health records was required in that case. First, disclosure was not only sought in the course of a criminal case, but the defendant faced the most severe penalty possible under the law. Heemstra, 721 N.W.2d at 563. This factor indicated the weight of the consequential harm of nondisclosure to the accused. Second, the person who was the subject of the medical records was deceased. Id. Although the physician-patient privilege continues after death, this factor tended to diminish the importance of protecting the records from disclosure because the fear of disclosure for a patient after death is not as compelling for the patient as the fear of disclosure before death. See McCormick § 102, at 462 (<HOLDING>); see also United States v. Hansen, 955 F.Supp.
recognizing privilege under federal rules holding that production of documents without a claim of privilege waives the right to later claim that privilege recognizing a federal mediation privilege recognizing privilege continues af ter the patients death recognizing privilege