Thanks to FDA guru, regular reader, and occasional correspondent, Arnie Friede, we’re aware of an interesting ethical development in the District of Columbia. It has to do with one of our recurrent topics – the ability of defense counsel to investigate their cases through informal contacts with probably the most relevant witnesses in the case – the plaintiff’s treating physicians – without harassment from the other side (who, of course are perfectly free to do so themselves).
We’ve even created a 50-state chart, that we try to keep updated, of what we’re allowed to do where in this regard. Most of what’s in that chart is case law, but not all of it.
Please see full publication below for more information.