CLIENT ALERT, June 22, 2010
In 1988, fearing the improper disclosure of confidential healthcare information, the Washington Supreme Court held in Loudon v. Mhyre that defense counsel in malpractice cases are prohibited from contacting non-party treating physicians except through a formal deposition where all parties are present. In 2009, in Smith v. Orthopedics Int'l, the Washington Court of Appeals said that Loudon did not prohibit defense counsel from furnishing information to a non-party doctor, in order to prepare the doctor to testify at trial. The Supreme Court granted review of the Court of Appeals' decision. To assist the court in understanding the full implications of a decision in Smith, Bennett Bigelow & Leedom, P.S., has filed an amicus curiae brief on behalf of the Washington State Hospital Association and others. The brief [click here to read more] focuses on two points: (1) that the conduct of defense counsel in Smith did not implicate any of the privacy concerns identified in Loudon; and (2) that the ruling in Loudon is subject to abuse when it is applied to prevent counsel for healthcare organizations from communicating with employees/agents of the organization. The court is scheduled to hear argument on the case on June 24, 2010 and a decision will probably be issued by the end of the year. For further information, please contact Mike Madden at madden@bbllaw.com or 206-622-5511.
|
