In a unanimous ruling, the Pennsylvania Supreme Court concluded that a law firm representing a defendant treating physician cannot obtain information from a nonparty treating physician without the patient’s written consent or through an authorized method of discovery, finding the improper communications violated Pennsylvania Rule of Civil Procedure 4003.6, regarding physician discovery.
In a Tuesday decision, authored by Justice Sallie Updyke Mundy, the court determined that Rule 4003.6(1), which deals with the discovery of treating physicians, doesn’t permit a firm to obtain information from a nonparty treating physician by entering into an attorney-client relationship with the physician, when the firm’s attorneys are already prohibited from obtaining information from that physician under Rule 4003.6 prior to entering such attorney-client relationship.
