Communications regarding trial strategy between a party’s expert witness and that party’s attorney are discoverable, the Pennsylvania Superior Court has ruled in a case of first impression.
In Barrick v. Holy Spirit Hospital , the defendant hospital sought production of the communications between plaintiff Carl Barrick’s attorney and Barrick’s treating physician, who was also named as an expert witness. Barrick handed over all hospital records generated by the doctor through his treatment of Barrick and argued that was enough information to give the defense a sense of the facts the doctor, as an expert, would rely upon in writing up his report. But the hospital wanted communications between the expert and the attorney about how the expert should craft his report in light of the litigation strategy — and the court said that needed to be handed over.
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