Supreme Court Says Ex Parte Communications with Plaintiff's Physicians Not Permitted
The Tennessee Supreme Court issued its opinion today in Alsip et al v. Johnson City Medical Center et al, holding that defense counsel may not participate in ex parte communications with a plaintiff's non--party treating physicians. The text of the opinion summary is as follows:
Pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure, we accepted this appeal to clarify the meaning of our holding in Givens v. Mullikin, 75 S.W.3d 383 (Tenn. 2002), as it relates to a trial court’s tailored discovery order in a medical malpractice lawsuit permitting ex parte communications between defense counsel and the decedent’s non-party treating physicians.Carefully weighing public policy concerns and considering the case law on this issue from other jurisdictions, we hold that the trial court erred by issuing this order. Today we announce that such ex parte communications violate the implied covenant of confidentiality that exists between physicians and patients and that public policy does not require the voidance of this covenant. This being the case, ex parte communications between the plaintiff’s non-party physicians and defense attorneys are not allowed in the State of Tennessee. Accordingly, we affirm the judgment of the Court of Appeals and remand the case to the trial court for further proceedings consistent with this opinion.
To read the entire opinion, visit the AOC website.