Pa. Justices Affirm Atty-Expert Privilege In Injury Case

By Matt Fair (April 29, 2014, 5:55 PM EDT) -- An evenly divided Pennsylvania Supreme Court on Tuesday affirmed broad protections on communications between attorneys and expert witnesses, upholding a ruling barring defendants in a personal injury suit from gaining access to correspondence between a plaintiff's treating physician and the plaintiff's counsel.

The 3-3 split by the justices upholds a November 2011 ruling by the Superior Court finding that Pennsylvania Rules of Civil Procedure barred a Cumberland County orthopedic center ensnared in a personal injury suit from turning over correspondence between a plaintiff's attorney and a doctor tagged to testify as an expert witness.

Justices Max Baer, Debra Todd and Seamus...

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