Ex Parte interviews of Non-party doctors is the subject of todays Court of Appeals Ruling. Read the entire case, and note the many amicus briefs. This is a big and important case. Put simply, Surpeme Court is permitted to direct plaintiff to give defendant HIPPA authorizations which allow defendants not only the records, but the right to speak with prior treating physicians and discuss plaintiff’s medical condition. Plaintiff is not permitted to hear the discussion, nor be supplied with notes.
Remembering the identical genesis of medical malpractice and legal malpractice, as well as the mirror image "physician-patient" and "attorney-client" privileges, a similar legal malpractice case must soon surface. There are often several attorneys who represented plaintiff prior to the target defendant, and afterwards, too. Right now, they may not be interviewed. Will this last?