This is an opposition brief to a medical malpractice defendant’s motion asking the court to allow defense counsel to hold ex parte meetings with subsequent treating physicians of the plaintiff, under the HIPAA statute. This is a favorite defense tactic in recruiting the plaintiff’s own physicians to serve as expert witnesses against the plaintiff’s case. In the opposition brief, we show that the defense argument that these ex parte meetings serve only to “level the playing field” does not hold water, and we discuss physician ethical requirements which argue against encouraging doctors to hold such meetings with their patients’ adversaries.
Please see full brief below for more information.
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Civil Procedure Updates, Conflict of Laws Updates, Professional Malpractice Updates
Legal Memoranda: Discovery Motions |
State, D.C. Circuit, D.C. |
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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